Sorian Kwek v. Holder

MEMORANDUM

Sofian Kwek and his family, 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 application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo the agency’s legal determinations and review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We grant in part and deny in part the petition for review, and we remand.

In evaluating Kwek’s asylum and withholding of removal claims, the agency appears to have concluded the attack that occurred at Kwek’s rice mill and the attack on Kwek’s son were random acts of violence and not a basis for relief. Substantial evidence does not support this finding. See Sinha v. Holder, 564 F.3d 1015, 1022 (9th Cir.2009) (“What the IJ described is not random violence, but violence with a distinct racial slant.”). Accordingly, because the agency did not consider these incidents in evaluating Kwek’s claim of past persecution and his fear of future persecution, as a member of…