Kiem Tjoa v. Eric H. Holder Jr.

MEMORANDUM

Kiem Hwa Tjoa, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying her application for asylum, 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. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We grant the petition for review, reverse the BIA’s denial of asylum, and remand so that the Attorney General may exercise his discretion whether to grant relief.

Substantial evidence supports the BIA’s determination that Tjoa did not experience harm that rises to the level of past persecution. Furthermore, substantial evidence supports the BIA’s determination that Tjoa was not entitled to withholding of removal or relief under the Convention Against Torture. But substantial evidence does not support the BIA’s determination that Tjoa failed to establish a well-founded fear of future persecution in Indonesia.

A well-founded fear of future persecution must be both subjectively genuine and objectively reasonable. Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th…