Rizky Christanto v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Rizky Bhudiansyah Christanto, 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 decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our juris diction, is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo due process claims, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.
Christanto has not overcome the presumption that the agency reviewed the country condition evidence in the record, so he fails to show a due process error. See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000). To the extent Christanto contends the immigration judge erred by rejecting the additional country report, we lack jurisdiction to review that claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Accordingly, Christanto’s due process claim fails.