Balakhadze

Balakhadze v. Gonzales

Good Law
209 F. App'x 716
United States Court of Appeals for the Ninth CircuitDecember 5, 2006No. 04-71486California648 words

Opinion

Lead Opinion

MEMORANDUM *

Ivan Balakhadze, a native and citizen of Georgia, petitions for review of an order of the Board of Immigration Appeals summarily affirming the immigration judge’s (“U”) decision and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we grant the petition for review and remand.

We conclude that the IJ’s adverse credibility determination is not supported by substantial evidence. The IJ rested her adverse credibility finding primarily on *718 discrepancies between Balakhadze’s testimony and asylum application on one hand, and his interview with an asylum officer on the other. We have cautioned, however, that “[c]ertain features of an asylum interview make it a potentially unreliable point of comparison to a petitioner’s testimony for purposes of a credibility determination.” Singh v. Gonzales, 403 F.3d 1081, 1087 (9th Cir.2005). This is particularly true in a case such as this where: (1) the volunteer translator has made obvious mistakes; and (2) the interviewer, whose notes…

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.