Hovsepyan

Hovsepyan v. Gonzales

Good Law
221 F. App'x 590
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 04-70677California1,015 words

Opinion

Lead Opinion

ORDER

This case is referred to the Circuit Mediation Office to explore a possible resolution of Hovsepyan’s asylum claim through mediation.

The mandate is withheld pending further order from this panel or the Chief Circuit Mediator.

MEMORANDUM **

Hakob Hovsepyan (“Hovsepyan”) appeals from the BIA’s summary affirmance of the Immigration Judge’s denial of his application for asylum and withholding of removal. We grant his petition and remand for further proceedings.

For purposes of this appeal, we assume Hovsepyan is a Yezidi Kurd, as described in his application for asylum. The transcript from the asylum hearing consistently reflects his testimony that he is an “Acetic” Kurd, which is apparently a phonetic spelling of “Yezidi.” Hovsepyan also describes his religion as worshiping fire, which is consistent with being Yezidi. 1 The IJ, who found Hovsepyan’s testimony entirely credible and consistent with his application, apparently meant to hand-correct the transcription misspelling in her ruling, but substituted “Azeri” for “Acetic.” 2 It therefore seems clear that the IJ’s reference to Hovsepyan as Azeri is a scrivener’s error, and that Hovsepyan has consistently referred to…

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