Mkrtchyan

Mkrtchyan v. Gonzales

Good Law
215 F. App'x 624
United States Court of Appeals for the Ninth CircuitDecember 26, 2006No. 04-73149California1,044 words

Opinion

Lead Opinion

MEMORANDUM *

Gayane Mkrtchyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) final order of removal. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1).

Mkrtchyan was served with a notice to appear in August 2000, charging that she was subject to removal under 8 U.S.C. *626 § 1227 (a)(1)(B). Mkrtehyan conceded that she was removable as charged but sought asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). On November 7, 2002, the immigration judge (“IJ”) denied Mkrtehyan’s application for asylum, withholding of removal, and protection under the CAT and ordered her removed to Armenia. The BIA affirmed without opinion the results of the decision below on May 25, 2004.

The IJ made an adverse credibility determination in which she stated that petitioner’s story was “vague and inconsistent” and “lack[ed] sufficient detail with regard to the beatings ... and most particularly, with regard to the alleged rape.” We conclude that the IJ’s adverse credibility determination is not supported by substantial evidence. Petitioner’s testimony was fairly detailed and consistent in alleging that…

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