Harijono Tan v. Eric H. Holder Jr.

MEMORANDUM

Harijono Tan, 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 (“U”) decision denying his application for asylum, withholding of re moval, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we dismiss in part and grant in part the petition for review, and remand.

The IJ found that Tan’s asylum application was untimely, Tan was not credible with respect to his Christianity claims, and denied Tan’s CAT claim. Tan did not challenge these findings to the BIA, and we lack jurisdiction to consider them. Accordingly, we dismiss the petition as to these claims. See Barron v. Ashcroft, 858 F.3d 674, 677-78 (9th Cir.2004).

With regard to his withholding of removal claim based on his Chinese ethnicity, the IJ denied Tan’s claim on the merits, rather than credibility. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004) (in the absence of an explicit credibility finding, petitioner’s testimony is taken as true).…