Santoso

MEMORANDUM

Hartati Santoso and Gatot Ignatius Tirta, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their claims for asylum, 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. 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 agency’s denial of CAT relief because petitioners failed to show it is more likely than not that they would be tortured if removed to Indonesia. See Wakkary, 558 F.3d at 1067-68 .

In analyzing petitioners’ asylum and withholding of removal claims, the agency did not consider their claims as Chinese Christians under the disfavored group analysis. See Sael v. Ashcroft, 386 F.3d 922, 927 (9th Cir.2004) (Indonesia’s ethnic Chinese minority is a disfavored group with a commensurately lower level of individualized risk to prove in order to establish a well-founded fear of future persecution). In light of this and our…