Lie

Lie v. Holder

Good Law
344 F. App'x 424
United States Court of Appeals for the Ninth CircuitSeptember 3, 2009No. 07-70303California249 words

Opinion

Lead Opinion

MEMORANDUM **

Liza Laurensia Lie, and her husband, both natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their 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 evi *426 dence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we grant in part and deny in part the petition for review.

The agency denied Lie’s asylum application as time-barred. Lie does not challenge this finding.

Substantial evidence supports the BIA’s conclusion that Lie failed to establish that she suffered past persecution in Indonesia. See Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009). However, the BIA erred in holding that the disfavored group analysis was inapplicable to Lie’s withholding of removal claim, so we remand to the BIA for reconsideration of this claim. See id. at 1067 ; INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

Substantial evidence supports the agency’s denial of CAT relief because Lie…

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