Melkonyan

*695 MEMORANDUM **

Haik Melkonyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) decision affirming the immigration judge’s (“IJ’s”) deportation order. The BIA affirmed the IJ’s finding that country conditions in Armenia have changed sufficiently that Melkonyan no longer has a well-founded fear of future persecution. It also affirmed the IJ’s adverse credibility determination, but did not rely on all of the grounds listed by the IJ. Because the BIA discussed the adverse credibility determination but adopted much of the IJ’s decision, we review both decisions. Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000).

We agree with Melkonyan that the changed country conditions determination is not supported by substantial evidence. 1 Where, as here, the petitioner has established past persecution, there is a presumption of eligibility for asylum, including a presumption of a well-founded fear of future persecution. Ali v. Ashcroft, 394 F.3d 780, 788 (9th Cir.2005). The government bears the burden of rebutting the presumption. Id. One way it can do so is with a showing of changed country conditions. Id. We have “repeatedly found that…

dissenting:

I agree with my colleagues that the IJ’s adverse credibility determination cannot stand because it does not comport with our case law holding that an alien must be afforded an opportunity to explain any inconsistencies underlying that determination. But the IJ’s denial of Melkonyan’s claim for asylum was not based solely upon a finding of incredibility. The IJ held that, “even if [the alien’s testimony] were reliable and if inconsistencies could be found to be slight or due to translation, ... there has been changed circumstances [in Armenia].” This alternative rationale for rejecting Melkonyan’s claim was (a) not challenged on appeal and, (b) even it were, is supported by substantial evidence. For these reasons, I respectfully dissent.

Melkonyan failed to challenge the IJ’s finding that conditions in Armenia have changed such that he no longer has a well-founded fear of persecution. See 8 C.F.R. § 1208.13 (b)(l)(i). Petitioner concedes that he “did not devote [his] Opening Brief to an intricately detailed argument regarding changed conditions.” Indeed, not a single sentence in the argument section of his brief addresses changed country conditions. The failure to…