Harutyunyan

Harutyunyan v. Gonzales

Good Law
233 F. App'x 681
United States Court of Appeals for the Ninth CircuitMay 24, 2007No. 05-72543California385 words

Opinion

Lead Opinion

*682 MEMORANDUM **

Anahit Harutyunyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant in part and deny in part the petition for review.

Substantial evidence does not support the IJ’s credibility determination as Harutyunyan was not given an opportunity to explain the discrepancies in her testimony. See Guo v. Ashcroft, 361 F.3d 1194, 1200 (9th Cir.2004).

Moreover, the record compels the conclusion that the harms Harutyunyan suffered on account of her political opinion rise to the level of persecution. See Lopez v. Ashcroft, 366 F.3d 799, 803 (9th Cir.2004) (holding that being tied up and left to die by guerrillas, coupled with death threats amounted to past persecution even if medical treatment was not sought). Because Harutyunyan established past…

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