Morales

MEMORANDUM **

Manfredo Milian Morales, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to consider Morales’s challenge to the denial of CAT relief because he failed to exhaust it before the *725 BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

We have jurisdiction over Morales’s remaining claims pursuant 8 U.S.C. § 1252 . Reviewing for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), we grant the petition for review and remand.

Substantial evidence does not support the IJ’s finding that Morales’s presumed well-founded fear was rebutted by the government. See Borja v. INS, 175 F.3d 732, 738 (9th Cir.1999) (en banc). Despite instruction from the BIA that generalized references to the 1996 Guatemala Peace Accords is insufficient to rebut a petitioner’s well-founded fear, the IJ again based his findings on generalized conditions in Guatemala. Here, the IJ found the…