Beldikyan

Beldikyan v. Gonzales

Good Law
200 F. App'x 686
United States Court of Appeals for the Ninth CircuitSeptember 1, 2006No. 05-72082California368 words

Opinion

Lead Opinion

MEMORANDUM **

Gevorg Beldikyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence, Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998), and we grant the petition for review and remand.

Substantial evidence does not support the IJ’s adverse credibility determination. The IJ failed to identify specific examples of inconsistencies or contradiction in Beldikyan’s testimony and the IJ impermissibly speculated when he determined that Beldikyan’s testimony was not plausible. See id. (explaining that generalized statements that do not identify specific examples of contradiction in the petitioner’s testimony prevent the court from conducting a proper review); Jibril v. Gonzales, 423 F.3d 1129, 1135-36 (9th Cir.2005) (speculation and conjecture cannot form the basis of an adverse credibility finding). Furthermore, Beldikyan’s use of a…

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