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torttestimonyleaseasylumcredibility
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Barseghyan v. Garland

Facts

Hayk Barseghyan, an Armenian citizen and member of the anti-government opposition party, faced persecution and torture from the Armenian government due to his political opinions. After participating in a peaceful demonstration in 2008, he was attacked by police and later arrested for distributing anti-government drawings. Following his release, he fled Armenia and applied for asylum in the United States, where his application was initially denied based on an adverse credibility determination by the Immigration Judge (IJ) and upheld by the BIA.

Barseghyan alleges that he suffered persecution and torture from the Armenian government because of his political opinion. He is a member of HZhk, the anti-government opposition party also known as the People's Party of Armenia. Barseghyan participated in a peaceful demonstration in 2008 to contest the results of an election. The police began to shoot at and attack protestors, and Barseghyan was struck on the head with a police baton and lost consciousness.

Issue

Whether the BIA's adverse credibility determination was supported by substantial evidence, particularly regarding the inconsistencies in Barseghyan's testimony and written declaration.

Whether the BIA's adverse credibility determination was supported by substantial evidence, particularly regarding the inconsistencies in Barseghyan's testimony and written declaration.

Rule

The court reviews the BIA's credibility determination for substantial evidence, considering the totality of the circumstances and requiring specific and cogent reasons for any adverse credibility finding.

'Taking the totality of the circumstances into account, we review the BIA's credibility determination for substantial evidence.' Kumar v. Garland, 18 F.4th 1148, 1153 (9th Cir. 2021); 8 U.S.C. 1158(b)(1)(B)(iii).

Analysis

The court found that three of the four inconsistencies cited by the BIA were not actually inconsistent with Barseghyan's testimony. The court emphasized that the IJ and BIA failed to provide substantial evidence to support their findings, particularly regarding Barseghyan's arrival at the hospital, the circumstances of his arrest, and the police's interest in him when he left the country. The court noted that the BIA mischaracterized the IJ's reliance on documentation and failed to consider relevant evidence that supported Barseghyan's claims.

We grant Barseghyan's petition for review because three out of four inconsistencies the BIA relied upon in upholding the adverse credibility determination are not supported by the record.

Conclusion

The Ninth Circuit granted Barseghyan's petition for review and remanded the case for the BIA to reassess the remaining inconsistency regarding his arrest.

We grant the petition and remand for the BIA to determine whether the remaining inconsistency, regarding whether Barseghyan was arrested at home or the police station on January 23, 2013, is sufficient to support an adverse credibility determination.

Who won?

Hayk Barseghyan prevailed in the case because the court found that the BIA's adverse credibility determination was not supported by substantial evidence.

Hayk Barseghyan prevailed in the case because the court found that the BIA's adverse credibility determination was not supported by substantial evidence.

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