Aghazaryan

MEMORANDUM **

Davit Aghazaryan, a native of Iran and a citizen of Armenia, petitions for review of an order of the Board of Immigration Appeals summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Chen v. Ashcroft, 362 F.3d 611, 617 (9th Cir.2004), and we grant the petition for review and remand for further proceedings consistent with this disposition.

The IJ based her adverse credibility finding on one inconsistency regarding the identity of the director who allegedly interfered with hospital records. However, Aghazaryan did not himself state that Slavick was this director, and the IJ did not give Aghazaryan an opportunity to explain the inconsistency that arose when he responded to the IJ’s compound question. See id. at 618 . Substantial evidence therefore does not support the adverse credibility finding.

The IJ did not make a finding regarding past persecution. We remand so that the agency may make this determination in the first instance. See INS v. Ventura, 537 U.S.…