Giragosian
Giragosian v. Gonzales
Opinion
Dissenting Opinion
Bea, J.
dissenting.
I dissent.
Lead Opinion
MEMORANDUM **
Sarah Giragosian, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) orders denying her applications for asylum, withholding of removal *626 and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Singh v. Ashcroft, 362 F.3d 1164, 1168 (9th Cir.2004), we grant the petition for review and remand for further proceedings.
Substantial evidence does not support the BIA’s adverse credibility determination. The BIA noted inconsistencies between Giragosian’s testimony and her asylum application regarding details of her arrest, and inconsistent testimony regarding her religious activities. These inconsistencies, however, to the extent they exist, cannot be viewed as attempts to enhance her claims of persecution, and so have no bearing on her credibility. See id. at 1171 . In addition, Giragosian was never given an opportunity to explain these alleged inconsistencies. See Chen v. Ashcroft, 362 F.3d 611, 618 (9th Cir.2004) (reversing negative credibility finding because, inter alia,…