Andree Kurniawan v. Eric Holder, Jr.

MEMORANDUM

Andree Kurniawan, 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 decision denying his application for asylum, 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 factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We review de novo claims of due process violations in deportation proceedings. Antonio-Cruz v. INS, 147 F.3d 1129, 1131 (9th Cir.1998). We deny in part and grant in part the petition for review, and remand.

Substantial evidence supports the agency’s denial of CAT relief because Kurnia-wan failed to establish that it is more likely than not that he will be tortured if he returns to Indonesia. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009).

Kurniawan testified that the harm he suffered in Indonesia included being robbed on four occasions by people who made derogatory comments about his Chinese ethnicity, and having rocks thrown at his house by people who also shouted ethnic slurs. The BIA found that…