Kaler

MEMORANDUM **

Major Singh Kaler, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order 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 .

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review factual findings for substantial evidence and questions of law de novo, Abebe v. Gonzales, 432 F.3d 1037, 1040-41 (9th Cir.2005) (en banc), and we deny the petition in part and grant in part and remand.

Substantial evidence supports the IJ’s denial of CAT relief because Kaler did not establish that it is more likely than not that he will be tortured if he returns to India. See Mamouzian v. Ashcroft, 390 F.3d 1129, 1139 (9th Cir.2004).

The IJ found most of Kaler’s testimony credible, but found that (1) Kaler’s testimony that he was arrested twice because of his political activities was implausible in light of the Country Reports, and (2) Kaler should have…