Suseko

MEMORANDUM

Purnomo Suseko, a native and citizen of Indonesia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that the presumption that Suseko is eligible for withholding of removal is rebutted by fundamental changed circumstances, see 8 C.F.R. § 1208.16 (b)(l)(i)(A), because the BIA’s analysis of the State Department report was sufficiently individualized and its resolution of potentially contradictory statements in the report was rational, see Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998-99 (9th Cir.2003).

Substantial evidence supports the agency’s denial of CAT relief because Suseko has failed to show, as a moderate Muslim, that it is more likely than not that he will be tortured if returned to Indonesia. See Wakkary v. Holder, 558 F.3d 1049,…