Balakhadze
Balakhadze v. Gonzales
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…