Trofimenko

Trofimenko v. Mukasey

Good Law
277 F. App'x 674
United States Court of Appeals for the Ninth CircuitMay 5, 2008No. 05-75373California273 words

Opinion

Lead Opinion

MEMORANDUM **

Lydia Sergiyevna Trofimenko, a citizen of Ukraine, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s order denying her application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Singh v. Ashcroft, 801 F.3d 1109, 1111 (9th Cir.2002), we grant the petition for review and remand for further proceedings.

Neither of the two adverse credibility grounds the BIA relied on is supported by substantial evidence. Whether Trofimen-ko’s husband or son was at home when the authorities came in April 2003 does not affect her claimed persecution. See id. at 1112 (“Minor inconsistencies that reveal nothing about an asylum applicant’s fear for his safety are not an adequate basis for an adverse credibility finding.” (internal quotation marks and citation omitted)). In addition, our review of the record compels the conclusion that Trofimenko was not inconsistent in describing how many times she was required to undress while detained. She stated that this treatment occurred once in a…

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