Akopian

*418 MEMORANDUM **

In these consolidated petitions, Oganes Akopian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders summarily affirming an immigration judge’s (“IJ”) decision denying his application for adjustment of status (No. 05-74181) and denying his motion to reopen to reapply for adjustment of status (No. 05-75941). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s credibility finding. De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). We grant the petition for review in No. 05-74181 and dismiss the petition for review in No. 05-75941.

At his hearing on his adjustment of status application, Akopian testified that he had never been married in Armenia. His current wife testified that he had been married in Armenia but that the marriage ended in divorce. The agency found Ako-pian not credible on the ground that this inconsistency went to the heart of his claim. We disagree. To be eligible to adjust status based on his current marriage, Akopian must show that any previous marriages have been terminated. See 8 C.F.R. § 204.2 (a)(2). The record shows one of two things:…