Djoenaedi

MEMORANDUM **

Rony Djoenaedi, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the denial of an application for withholding of removal and relief under CAT, see Malkandi v. Mukasey, 544 F.3d 1029, 1035 (9th Cir.2008), and we review de novo due process claims, Hernandez de Anderson v. Gonzales, 497 F.3d 927, 932 (9th Cir.2007). We grant in part and deny in part the petition for review, and remand for further proceedings.

Substantial evidence supports the IJ’s conclusion that Djoenaedi failed to establish that he suffered past persecution in Indonesia because the two incidents Djoenaedi experienced do not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Substantial evidence also supports the BIA’s determination that Djoenaedi failed to establish that ethnic Chinese Christians are subject to the systematic mistreatment required to…