Kalajyan

Kalajyan v. Gonzales

Good Law
191 F. App'x 595
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 04-73024California434 words

Opinion

Lead Opinion

MEMORANDUM **

Hasmik Kalajyan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) per curiam opinion dismissing her appeal and affirming the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition in part, deny in part, and remand.

*596 Substantial evidence does not support the BIA’s adverse credibility determination because it is based on speculation and conjecture, see Shah v. INS, 220 F.3d 1062, 1071 (9th Cir.2000), and discrepancies that cannot be viewed as attempts to enhance the claims of persecution, see Singh v. Ashcroft, 362 F.3d 1164, 1171 (9th Cir.2004).

Accepting Kalajyan’s factual allegations as true, she has established past persecution on account of political opinion. The BIA’s finding that the persecution Kalajyan and her husband suffered was not on account of political opinion is belied by the record. See Grava v. INS, 205 F.3d 1177, 1181 (9th Cir.2000). Because Kalajyan has established past persecution, she is entitled to a rebuttable presumption…

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