Arman Arakelyan v. Eric H. Holder Jr. , 471 F. App'x 708 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARMAN ARAKELYAN, No. 08-75222
Petitioner, Agency No. A097-877-505
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Arman Arakelyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s findings of fact, including credibility findings. Tekle v. Mukasey, 533
F.3d 1044, 1051 (9th Cir. 2008). We grant the petition for review and we remand.
Substantial evidence does not support the BIA’s adverse credibility finding
because the inconsistencies the BIA identified between Arakelyan’s testimony and
his documentary evidence regarding the closure of his business and the year his
nonprofit joined an opposition alliance do not go to the heart of his claim. See
Singh v. Gonzales, 439 F.3d 1100, 1106, 1108-09 (9th Cir. 2006) (inconsistencies
in who paid bribe to secure petitioner’s release and number of times petitioner
transported protesters did not support adverse credibility finding). Accordingly,
we remand Arakelyan’s asylum, withholding of removal, and CAT claims on an
open record for further proceedings consistent with this disposition. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam); Soto-Olarte v. Holder, 555 F.3d
1089, 1095-96 (9th Cir. 2009).
We grant Arakelyan’s counsel’s motion to withdraw as attorney of record.
The Clerk shall amend the docket to reflect that Arakelyan is proceeding pro se.
The Clerk shall serve this order on Arakelyan at the address provided in counsel’s
motion to withdraw: 1011 Palmer Ave. #23, Glendale, CA 91205.
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-75222