Hikoe
Hikoe v. Gonzales
Opinion
Lead Opinion
*651 MEMORANDUM **
Daddy Hikoe, a citizen and native of Indonesia, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing his appeal of the Immigration Judge’s decision denying his request for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We grant in part and deny in part the petition for review.
The BIA’s determination of purely legal questions is reviewed de novo. De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). In dismissing petitioner’s asylum appeal, the BIA concluded that petitioner had not established that it was “more likely than not” that he would be persecuted if forced to return to Indonesia. We have held that asylum applicants need only prove a ten percent chance of future persecution to establish a well-founded fear of persecution. Sael v. Ashcroft, 386 F.3d 922, 925 (9th Cir.2004) (“Even a ten percent chance that the applicant will be persecuted in the future is enough to establish a well-founded fear.”) (quoting Knezevic v. Ashcroft, 367 F.3d 1206, 1212 (9th Cir.2004); Lim v. INS, 224 F.3d 929, 934 (9th Cir.2000) (“To effect a well-founded…