Ferdinandus Nahak v. Eric Holder, Jr.

MEMORANDUM

Ferdinandus Nahak, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT relief because Nahak failed to demonstrate it is more likely than not he will be tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1068 . Accordingly, Nahak’s CAT claim fails.

With respect to withholding of removal, the BIA concluded that, assuming Nahak testified credibly and established past persecution, circumstances have fundamentally changed so as to rebut the presumption of future persecution. But the BIA did not address the particular risk Nahak faces as a member of the Maluku Sovereignty Front. See Ali v. Holder, 637 F.3d 1025, 1030 (9th Cir.2011) (agency must make an…