Sahertian

MEMORANDUM **

Johannes Anthony Jeremías Sahertian, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Hold er, 558 F.3d 1049, 1056 (9th Cir.2009), and we grant in part land deny in part the petition for review and remand.

The agency erred by refusing to consider the evidence regarding whether Sahertian belonged to a disfavored group in assessing his withholding of removal claim. See id. at 1067 . Therefore, we remand to the BIA for reconsideration of this claim. See INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam). In addition, the agency should reconsider whether the harm to Sahertian’s father, brother, and family business occurred at least in part on account of the family’s Christian religion in light of our recent decision in Sinha v. Holder, 564 F.3d 1015, 1020-23 (9th Cir.2009).

The record does not compel the conclusion that…