Gukutu

MEMORANDUM **

Reason Gukutu, a native and citizen of Zimbabwe, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Caniche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review the IJ’s decision for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review in part, grant in part, and remand.

Because the IJ did not make an adverse credibility determination, we accept Gukutu’s testimony as true. See Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000).

Substantial evidence supports the IJ’s denial of withholding of removal because Gukutu has not demonstrated that it is more likely than not he will be persecuted if returned to Zimbabwe. See id. at 938 .

Substantial evidence supports the IJ’s denial of CAT relief because Gukutu did not establish that it is more…