Pelle

Pelle v. Holder

Good Law
369 F. App'x 788
United States Court of Appeals for the Ninth CircuitMarch 4, 201005-77337California1,052 words

Opinion

Opinion

MEMORANDUM

Allan Lester Pelle (“Pelle”), a 49-year old Christian, and his wife, Youla Lontoh (“Lontoh”) are natives and citizens of Indonesia. Pelle petitions for review of the Board of Immigration Appeals (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The parties are familiar with the facts of this case, which we repeat here only as necessary to explain our decision. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition with respect to the asylum application, grant the petition with respect to the applications for withholding of removal and relief under CAT, and remand to the BIA.

I. STANDARD OF REVIEW

Because the BIA, citing Matter of Burbano, 20 I. & N. Dec. 872 (B.I.A.1994), did not express disagreement with any part of the Id’s decision, we review the IJ’s decision as if it were the BIA’s decision. See Cinapian v. Holder, 567 F.3d 1067, 1073 (9th Cir.2009). We review denials of asylum, withholding of removal, and relief under CAT for substantial evidence. See, e.g., Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010); Zehatye v.…

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