Setya

MEMORANDUM ***

Fransisca Vita Setya petitions for review of the decision of the Board of Immigration Appeals (“BIA”) reversing the decision of the Immigration Judge (“IJ”) and finding petitioner ineligible for asylum from Indonesia on the basis of a well-founded fear of persecution on account of her Chinese ethnicity. The IJ initially found petitioner was eligible for asylum on the basis of a well-founded fear of persecution on account of both her ethnicity and religion. Petitioner also petitions for review of the BIA’s denial of petitioner’s motions for reconsideration and to reopen. We have jurisdiction under 8 U.S.C. § 1252 . 1 We grant the petition for review.

The parties are familiar with the facts and we do not recite them here except as necessary for our disposition.

1. Because the BIA reviewed the IJ’s decision de novo, we review the BIA’s *724 denial of petitioner’s application for asylum under the substantial evidence standard. Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004). The BIA’s decision must be upheld if “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct.…