Margaryan

Margaryan v. Mukasey

Good Law
261 F. App'x 44
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 04-74605California532 words

Opinion

Lead Opinion

MEMORANDUM **

Yeghise Margaryan, a native of Iran and a citizen of Armenia, petitions for review of a summary order of the Board of Immigration Appeals upholding an Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), we grant the petition for review.

The IJ’s adverse credibility determination is not supported by substantial evidence because the critical grounds for the IJ’s determination could be amply explained by the petitioner’s confusion and memory issues. At one point, the IJ stopped the proceeding because of the strange answers being offered by the petitioner and said to her counsel, “Well ... we may have a problem in this case. If the woman thinks that she had problems with an earthquake in 1880, which was 123 years ago, and she’s not 123, I don’t know if you need a psychological evaluation of this woman, sir.... I don’t know if she knows what happened to her in Armenia, sir.” However, the IJ did not further inquire into petitioner’s…

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