Sargsyan

Sargsyan v. Mukasey

Good Law
284 F. App'x 454
United States Court of Appeals for the Ninth CircuitJuly 2, 2008No. 05-77260California320 words

Opinion

Lead Opinion

MEMORANDUM **

Nushik Sargsyan, a native and citizen of Armenia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant the petition for review.

Where neither the IJ nor the BIA made any adverse credibility finding, we assume that the petitioner’s factual contentions are *455 true. See Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000). We conclude that Sargsyan, a 77 year old woman, was persecuted on account of her Pentecostal Christian beliefs. This persecution took the following form. The Armenian government shut off her electricity in the middle of winter for months at a time, such that there was no temperature difference between her apartment and the outside air. Further, the Armenian authorities cut off her pension, leaving her without a means of survival. Additionally, she received express threats from government officials such as “you, Pentecostals must all die…

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