Shahverdy

dissenting:

I respectfully dissent from the majority’s denial of the petition for review. The IJ based his denial of Ms. Shahverdy’s asylum application on an adverse credibility finding. On close examination, each of the IJ’s reasons for the adverse credibility finding either lacks support of substantial evidence, reflects a misunderstanding of the record, or does not go to the heart of Ms. Shahverdy’s application.

For example, the IJ based his adverse credibility finding in part on his conclusion that Ms. Shahverdy provided inconsistent testimony about the gender of someone who assisted her in her asylum application. The IJ claims that Shahverdy testified that she was assisted by an Iranian man, but in cross-examination stated that the application was prepared by Fatima Brown. The IJ then concludes, “The Court believes this is a female name, not a male name.” What Ms. Shahverdy actually said on direct examination is that she was assisted by an Iranian nun, not an Iranian man. 1

Similarly, the IJ’s finding that Shahverdy testified in a contradictory fashion about her arrest in Iran apparently is based on the following portion of the transcript:

Based on this exchange, the IJ…

MEMORANDUM ***

1. Mahnaz Shahverdy, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the 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 .

2. The BIA adopted and affirmed the IJ’s determination that Shahverdy “failed to provide credible testimony or probative evidence to demonstrate that she is eligible for asylum, withholding of removal, or [CAT] relief.” Because the BIA adopted the decision and reasoning of the IJ, we treat the IJ’s decision as that of the BIA. See Singh-Kaur v. INS, 188 F.3d 1147 , 1150 (9th Cir.1999). We review credibility findings for substantial evidence. Id. at 1149 . We must uphold the decision unless the evidence compels a contrary result. Id. at 1149-50 .

3. Shahverdy testified inconsistently during her hearing; her testimony was also inconsistent with her asylum applications (which were inconsistent with each other). These inconsistencies were substantial and directly concerned the asserted grounds for asylum—past persecution on the basis…