Baghdasaryan, et al v. Holder, No. 06-71851 (9th Cir. 2011)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 25 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DAVIT BAGHDASARYAN, Petitioner, No. 06-71851 Agency No. A079-569-313 v. MEMORANDUM * ERIC H. HOLDER JR., Attorney General, Respondent. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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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