Wladyka

MEMORANDUM **

Jaroslaw Wladyka, a native and citizen of Poland, petitions for review of the *587 Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying asylum and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review the factual findings underlying the denial of asylum and CAT protection for substantial evidence. See Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir. 1995); Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). We grant the petition for review in part and remand.

We accept Wladyka’s testimony as tine because the IJ found him to be generally credible and did not render an adverse credibility finding. See Gu v. Gonzales, 454 F.3d 1014, 1021 (9th Cir.2006).

We lack jurisdiction to consider Wladyka’s economic persecution claim because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 676-77 (9th Cir.2004).

Wladyka testified that his attackers specifically threatened to kill him if he did not stop his political activities. Therefore, substantial evidence does not support the IJ’s finding that there was no nexus…