Shahinyan

MEMORANDUM **

Petros Shahinyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, adopting and affirming the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc). We review for substantial evidence, Chouchkov v. INS, 220 F.3d 1077, 1080 (9th Cir.2000), and we grant the petition for review and remand.

Substantial evidence does not support the IJ’s denial of asylum based on an adverse credibility finding. First, the finding that Shahinyan’s welding certificate is not authentic is based on impermissible speculation. See Lin v. Gonzales, 434 F.3d 1158, 1165 (9th Cir.2006).

Second, the IJ’s finding that Shahinyan’s testimony was contrary to the State Department country report is not supported by substantial evidence because Shahinyan’s testimony is not inconsistent with facts contained in the country…