Zohrabyan

Zohrabyan v. Mukasey

Good Law
279 F. App'x 490
United States Court of Appeals for the Ninth CircuitMay 21, 2008No. 05-70739California306 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner Yervand Armenaki Zohrabyan and his family, natives of Iran and citizens of Armenia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s order denying their application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000), and we grant the petition for review and remand.

Substantial evidence does not support the agency’s adverse credibility determination based on omissions from Zohrabyan’s asylum application and perceived inconsistencies in his testimony. Omissions from an asylum application generally do “not comprise specific, cogent reasons for [an] adverse credibility finding.” See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003); see also Aguilera-Cota v. INS, 914 F.2d 1375, 1382 (9th Cir.1990) (“A failure to state each and every ground for a claim of political asylum at the time of the initial application should not prejudice that claim ... ”). Further, several of the omissions and inconsistencies are of minor import or do not go to the heart of Zohrabyan’s claim. See Bandari, 227 F.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.