Opinion
No. 04-74566.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
October 31, 2008.
On Petition for Review of an Order of the Board of Immigration Appeals Agency Nos. A075-648-582 A076-715-646.
Before: LEAVY, RYMER, and THOMAS, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Anzhela Khacherayan and her son, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals' order summarily affirming an immigration judge's ("IJ") decision to terminate their asylee status on the ground that Khacherayan misrepresented a material fact on her asylum application. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, Nakamoto v. Ashcroft, 363 F.3d 874, 881 (9th Cir. 2004), we grant the petition for review and remand.
To terminate Khacherayan's asylee status, the government had to show by clear and convincing evidence that, at the time she applied for asylum, she knowingly misrepresented that her husband was dead. See 8 U.S.C. § 1229a(c)(3)(A) (setting forth burden of proof). The IJ's conclusion that the government met its burden is not supported by substantial evidence.
Consequently, we grant the petition for review and remand for the agency to terminate removal proceedings against Khacherayan and her son.
PETITION FOR REVIEW GRANTED; REMANDED.