Elphinsten Winata v. Eric H. Holder Jr.

MEMORANDUM

Elphinsten Winata, 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 (IJ) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review in part, deny in part, and remand for further proceedings.

Because the BIA issued a written opinion, we review the BIA’s decision. Aden v. Holder, 589 F.3d 1040, 1043 (9th Cir.2009). However, because the BIA did not explicitly state that it was conducting a de novo review, we may look to the IJ’s decision as a guide for the reasoning behind the BIA’s decision, particularly on issues that the BIA analyzed in a cursory manner. See Ahmed v. Keisler, 504 F.3d 1183, 1190-91 (9th Cir.2007). We review legal questions de novo, and factual findings for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009).

Winata, a Chinese Christian, asserts that he fears persecution in Indonesia on account of his ethnicity, religion, and imputed political opinion. The IJ found that Winata’s…