Julia David v. Eric Holder, Jr.

MEMORANDUM

Julia David, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under U.S.C. § 1252. We review for substantial evidence factual findings and review de novo legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part petition for review, and we remand.

We reject David’s contention that the IJ refused to allow her to elaborate on the harm she suffered and precluded her from presenting her case. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on due process claim).

With respect to her asylum claim, substantial evidence does not support the BIA’s finding that David failed to demonstrate sufficient individualized risk of harm under the disfavored group analysis to establish a well-founded fear of persecution. See Sael v. Ashcroft, 386 F.3d 922, 929 (9th Cir.2004). Accordingly, we grant the petition as to David’s asylum and…