Chhetri

MEMORANDUM *

Narayan Chhetri, a native and citizen of Nepal, petitions for review of a decision of the Board of Immigration Appeals affirming the immigration judge’s denial of Chhetri’s applications for asylum, withholding of removal, and protection under the Convention Against Torture. 1 Chhetri contests only the BIA’s denial of withholding of removal and CAT protection, not its rejection of his untimely asylum application. We grant in part and deny in part the petition for review.

We grant Chhetri’s petition on his withholding of removal claim. We first note that, although the IJ never explicitly found that Chhetri had or had not suffered past persecution, her discussion of internal relocation leads us to believe that she assumed Chhetri had made such a showing. Accordingly, we also will assume, for the purposes of this appeal only, that Chhetri demonstrated past persecution. Once an applicant shows past persecution, he is presumed eligible for withholding of removal. Hanna v. Keisler, 506 F.3d 933, 940 (9th Cir.2007). Moreover, where past persecution is shown, it is presumed unreasonable for an applicant to relocate to another part of the proposed country of removal. 8 C.F.R.…