Karapetyan v. Mukasey (9th Cir., 9/16/08, No. 05-75865)

PREGERSON, Wardlaw, Archer

     The 9th Cir. reviewed petitioner's two petitions for review - one appealing the denial of asylum/withholding/CAT and one denying petitioner's motion to reconsider to the BIA. 

1.  The IJ found that petitioner's testimony was credible but lacked corroborating evidence.  The 9th Cir. held that petitioner's credible testimony of past persecution and fear of future persecution, if credited, was enough without corroborating evidence.  The 9th Cir. did find corroborating evidence in the record that was submitted by petitioner.  The 9th Cir. held petitioner eligible for asylum based on past persecution because of ethnicity (Armenian) and political opinion (membership in 21st Century Party). 

2.  Petitioner's motion to the IJ for a continuance to do a fingerprint check had also been denied.  The 9th Cir. held that the IJ abused her discretion in denying the continuance.

3.  The 9th Cir. held there was not substantial evidence to support the IJ's denial of withholding and CAT and remanded on these issues.

4.  The 9th Cir. found the BIA abused its discretion in denying petitioner's motion to reconsider, finding that petitioner did raise new arguments.

Read opinion here

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