Oskoui

MEMORANDUM **

Kaveh Bastani Oskoui, a native and citizen of Iran, petitions for review of the *222 decision of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision for substantial evidence. Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir. 2005). We deny the petition for review in part, grant it in part, and remand.

An application for asylum must be denied if the alien has firmly resettled in another country. See 8 U.S.C. § 1158 (b)(2)(A)(vi). Substantial evidence supports the presumption that Oskoui was firmly resettled in Germany, where he lived for 19 years before entering the United States. See Cheo v. INS, 162 F.3d 1227, 1229-30 (9th Cir.1998). Oskoui failed to rebut this presumption because he conceded that he could have renewed his status and applied' for permanent residence in Germany. See id. at 1230 (“[WJhere the duration and circumstances indicate that the asylum seeker may remain in the third country, then it is…