Lopez-Folgar

MEMORANDUM **

Moisés de Jesus Lopez-Folgar, a native and citizen of Guatemala, petitions for re *802 view of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand, and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, de novo questions of law, and for abuse of discretion the BIA’s denial of a motion to remand. Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004). We deny in part and grant in part the petition for review, and we remand.

Lopez-Folgar’s contention that the agency could not assume past persecution and was instead required to make an explicit past persecution finding fails. See Hanna v. Keisler, 506 F.3d 933, 938 (9th Cir.2007) (where BIA assumes past persecution, this court also assumes past persecution and proceeds to determine whether the government has overcome the rebutta-ble presumption of a well-founded fear of persecution). Lopez-Folgar failed to raise any substantive…