Tobing

MEMORANDUM

Barita Lumban Tobing, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision (“IJ”) 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 factual findings and review de novo legal determinations. 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.

The IJ denied Tobing’s asylum claim as time-barred. Tobing does not challenge this dispositive finding in his opening brief.

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

Substantial evidence also supports the IJ’s finding that the incidents Tobing suffered in school and the problems he had with his business partner did not rise to the level of persecution. See id. at 1059-60 . In addition, the record does not compel the conclusion that Tobing…