Djangiryan

Djangiryan v. Gonzales

Good Law
237 F. App'x 232
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-71258California266 words

Opinion

Lead Opinion

MEMORANDUM **

Naira Djangiryan, a native of the Soviet Union and citizen of Uzbekistan, petitions for review of a Board of Immigration Appeals decision that affirmed the ruling of an Immigration Judge (“IJ”) denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

“Where, as here, the BIA adopts the IJ’s credibility determination, we look through the BIA’s decision to examine the IJ’s reasons for deeming the person not credible.” Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000) (citation omitted). We review for substantial evidence an adverse credibility determination, see Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006), and we grant the petition and remand.

The IJ based her adverse credibility determination on the answers Djangiryan gave to the asylum officer during her initial interview, as reported in the Assessment to Refer. In reviewing those answers, the IJ determined that Djangiryan displayed a lack of knowledge of the Christian faith, and concluded that her testimony was fabricated. Because the asylum interview process lacks certain important indicia of reliability, the IJ’s exclusive reliance on the Assessment…

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