Martirosyan v. Barr, 072919 FED9, 17-70919

Docket Nº:17-70919
Party Name:GAYANE MARTIROSYAN, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
Judge Panel:Before: McKEOWN, W. FLETCHER, and MURGUIA, Circuit Judges.
Case Date:July 29, 2019
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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GAYANE MARTIROSYAN, Petitioner,

v.

WILLIAM P. BARR, Attorney General, Respondent.

No. 17-70919

United States Court of Appeals, Ninth Circuit

July 29, 2019

NOT FOR PUBLICATION

Argued and Submitted February 12, 2019 San Francisco, California

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A206-267-383

Before: McKEOWN, W. FLETCHER, and MURGUIA, Circuit Judges.

ORDER

The Memorandum Disposition, filed on March 20, 2019, and reported at 765 Fed.Appx. 196 (9th Cir. 2019), is amended as follows:

At 765 Fed.Appx. at 197, the subsection heading and the first full paragraph beginning with and ending with are deleted. A citation to Soto-Olarte v. Holder, 555 F.3d 1089, 1094 (9th Cir. 2009) is added to the next paragraph.

At 765 Fed.Appx. at 197-98, the sentences beginning with and ending with are amended to read as follows: "Both her oral testimony and her written declaration compel a conclusion that two officers were present. Further, Martirosyan adequately explained any possible inconsistency as due to translation error."

At 765 Fed.Appx. at 198, the subsection heading and the first full paragraph beginning with and ending with are deleted. The second full paragraph beginning with and ending with is deleted and replaced with the following sentence: "Third, the record compels the conclusion that the corroborating evidence requested by the IJ was reasonably unavailable and duplicative, so the failure to produce that evidence could not support an adverse credibility finding."

The following paragraph is added: "[I]t is apparent" from this record "that the IJ and BIA have listed all possible reasons to support an adverse credibility determination, and they are inadequate in law or not supported by substantial evidence." Soto-Olarte, 555 F.3d at 1095. In other words, "it is evident that the IJ and BIA have both strained to provide reasons properly supporting an adverse credibility finding, but despite their best efforts have been unable to do so." Id. at 1094-95. Accordingly, we deem Martirosyan credible on remand.

Lastly, in the final sentence is...

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