Margo

MEMORANDUM **

Andre Margo is a native-born citizen of Indonesia who is ethnically Chinese and a Christian. He claims that he has experienced past persecution, and fears future persecution, at the hands of native Indonesians who would target him on account of his race, religion, and imputed political opinion. Margo petitions for review of a decision of the Board of Immigration Appeals (“BIA”) adopting and affirming an Immigration Judge’s (“IJ”) denial of withholding of removal under 8 U.S.C. § 1231 (b)(3) and relief under the Convention Against Torture (“CAT”).

A. Withholding of removal

The IJ found that Margo failed to show that he suffered past persecution on account of his race, religion, or imputed political opinion. Substantial evidence supports the IJ’s conclusion as to religion and imputed political opinion, but not as to race.

To establish past persecution, “an applicant must show: (1) an incident, or incidents, that rise to the level of persecution; (2) that is ‘on account of one of the statutorily-protected grounds; and (3) is committed by the government or forces the government is either ‘unable or unwilling’ to control.” Navas v. INS, 217 F.3d 646, 655-56 (9th…