Ghazaryan

MEMORANDUM *

Stepan Ghazaryan petitions for review of an order by the Board of Immigration Appeals (“BIA”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We grant the petition and hold that Ghazaryan is eligible for asylum and entitled to withholding of removal.

I.

Because the BIA did not adopt the Immigration Judge’s (“IJ”) adverse credibility determination, we “presume that the BIA found the petitioner to be credible.... ” Krotova v. Gonzales, 416 F.3d 1080, 1084 (9th Cir.2005); see also Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir. 2004).

An applicant “may qualify as a refugee [for asylum purposes] either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.” 8 C.F.R. § 1208.13 (b). The BIA’s finding that Ghazaryan had not suffered past persecution on account of his political opinion is not supported by substantial evidence, and is premised on a factually erroneous reading of the record. 1 Ghazaryan endured lengthy detentions, repeated beatings, threats against his life, and harassment of his family, all at the hands of government…