Hovhannisyan

Hovhannisyan v. Gonzales

Good Law
202 F. App'x 206
United States Court of Appeals for the Ninth CircuitSeptember 19, 2006No. 04-76711California332 words

Opinion

Lead Opinion

MEMORANDUM **

Karine Hovhannisyan, her husband and two daughters, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order denying their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004), and grant the petition for review and remand for further proceedings.

The BIA found Hovhannisyan not credible based on two grounds. First, the BIA noted an inconsistency between an asylum officer’s written summary of Hovhannisyan’s asylum interview, and Hovhannisyan’s testimony before the IJ, regarding the treatment of her injuries. However, the BIA did not address Hovhannisyan’s testimony that the asylum officer’s summary was inaccurate. See Kaur, 379 F.3d at 887 (inconsistency does not support adverse credibility finding where explanation is not considered and addressed); see also Singh v. Gonzales, 403 F.3d 1081, 1087 (9th Cir.2005) (“Certain features of an asylum interview make it a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.