Yuddy Hartono v. Eric Holder, Jr.

MEMORANDUM

Yuddy Hartono, 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”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we deny in part and grant in part the petition for review, and remand for further proceedings.

Substantial evidence supports the BIA’s denial of CAT relief because Hartono failed to demonstrate it is more likely than not he will be tortured if returned to Indonesia. See Wakkary, 558 F.3d at 1067-68 . Accordingly, Hartono’s CAT claim fails.

With respect to asylum and withholding of removal, Hartono alleges native Indonesian youths repeatedly beat him, and, while in high school, a native Indonesian youth broke his nose and a mob of Muslims attacked him, beat him with a metal pipe and wooden stick, and burned his chest with cigarettes. Substantial evi dence does not support the BIA’s finding that these…