Yervand Minasyan 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.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YERVAND MINASYAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73839
Agency No. A077-837-124
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Yervand Minasyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JUL 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73839 2
substantial evidence. Lim v. INS, 224 F.3d 929, 933 (9th Cir. 2000). We grant the
petition for review and remand.
Minasyan credibly testified that he was arrested, beaten, and questioned
about his faith by police after showing a religious film to congregation members at
a movie theater. Minasyan also testified that he was detained, interrogated and
beaten by police and told to forget about his faith after gathering with other
congregation members in a friend’s home to sing hymns. As well, Minasyan was
arrested and beaten by police at his father’s house while they were praying, reading
the bible, and praising God.
Substantial evidence does not support the BIA’s finding that Minasyan
failed to establish past persecution because his credible testimony, see Kataria v.
INS, 232 F.3d 1107, 1114 (9th Cir. 2000), established the police arrested and beat
him three times, at least in part, on account of his religion. See Ahmed v. Keisler,
504 F.3d 1183, 1194 (9th Cir. 2007); Mihalev v. Ashcroft, 388 F.3d 722, 727-30
(9th Cir. 2004).
Minasyan is therefore entitled to a presumption that he holds a well-founded
fear of persecution. See Ladha v. INS, 215 F.3d 889, 897 (9th Cir. 2000).
Accordingly, we remand for further proceedings consistent with this disposition.
See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).

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07-73839 3
PETITION FOR REVIEW GRANTED; REMANDED.

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