Davit Baghdasaryan v. ERIC H. HOLDER JR., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVIT BAGHDASARYAN,
Petitioner,
v.
ERIC H. HOLDER JR., Attorney General,
Respondent.
No. 06-71851
Agency No. A079-569-313
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 17, 2011
Pasadena, California
Before: GOODWIN, KLEINFELD, and GRABER, Circuit Judges.
Davit Baghdasaryan, a citizen of Armenia, petitions for review of an order of
the Board of Immigration Appeals denying his application for asylum. He asserts
that the immigration judge’s (IJ) adverse credibility determination rendered at his
FILED
FEB 25 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2004 hearing was caused in large part by the ineffective assistance of his retained
counsel.
The record on its face amply demonstrates ineffective performance by
Baghdasaryan’s counsel, Gloria Weil-Herrera. See Castillo-Perez v. INS, 212 F.3d
518, 525 (9th Cir. 2000). Corroborating evidence in the form of medical and other
records was available before the hearing, yet Weil-Herrera failed to introduce it.
The absence of corroboration was a key factor in the agency’s failure to credit
petitioner’s testimony. Because ineffective assistance by counsel may have
changed the outcome at the merits hearing, petitioner was denied due process. See
Mohammed v. Gonzales, 400 F.3d 785, 793-94 (9th Cir. 2005); Lara-Torres v.
Ashcroft, 383 F.3d 968, 973 (9th Cir. 2004), as amended, 404 F.3d 1105 (9th Cir.
2005).
We grant the petition and remand for a new hearing and, therefore, do not
reach the issue of credibility.
PETITION GRANTED AND CAUSE REMANDED.

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