Rosales

MEMORANDUM **

Carlos Rosales, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of 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, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 *655 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny in part, and grant and remand in part, the petition for review.

Substantial evidence does not support the IJ’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution. The IJ found petitioner credible, but denied his asylum claim on the merits. However, because soldiers threatened to kill petitioner, and a death threat alone can constitute persecution, petitioner establishes eligibility for asylum. See Navas v. INS, 217 F.3d 646, 658 (9th Cir.2000); see also Baballah v. Ashcroft, 367 F.3d 1067, 1074 (9th Cir.2004). This showing of past persecution entitles petitioner to a presumption of a well-founded fear of future persecution, unless the evidence shows a…