Mikaelyan

Mikaelyan v. Mukasey

Good Law
258 F. App'x 969
United States Court of Appeals for the Ninth CircuitDecember 11, 2007No. 04-76758California544 words

Opinion

Lead Opinion

MEMORANDUM **

Hasmik Mikaelyan, a native and citizen of Georgia, petitions for review of an order of the Board of Immigration Appeals. The BIA summarily affirmed the immigration judge’s order denying Mikaelyan’s applications for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we grant the petition for review and remand.

The IJ’s determination that Mikaelyan’s testimony was not credible is not supported by substantial evidence. First, the IJ made a number of factual errors about what was reflected in Mikaelyan’s documents and testimony. The IJ was simply mistaken that Mikaelyan’s testimony about when she obtained a copy of her birth certificate was incompatible with the date of issuance on the birth certificate. The IJ was similarly mistaken about the content of the Mexican hotel receipt. The IJ found the receipt suspicious because, she said, it did not contain a name and room number, but in fact, both appear on the receipt. Nor does the record support the IJ’s…

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