Herman Radjab v. Eric Holder, Jr.

MEMORANDUM

Herman Radjab appeals the decision of the Board of Immigration Appeals (BIA) denying him relief under the Convention Against Torture (CAT) and denying his cross appeal. We reverse the BIA’s decision denying CAT relief. We affirm the BIA’s decision denying Radjab’s cross appeal.

We review for substantial evidence the factual findings underlying the BIA’s determination that an applicant is not eligible for protection under CAT. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). Substantial evidence does not support the BIA’s determination that Radjab does not qualify for protection under CAT.

To qualify for CAT relief, Radjab must show that if deported to Indonesia “he is more likely than not to suffer intentionally-inflicted cruel and inhuman treatment that either (1) is not lawfully sanctioned by that country or (2) is lawfully sanctioned by that country, but defeats the object and purpose of CAT.” Nuru v. Gonzales, 404 F.3d 1207, 1221 (9th Cir.2005) (internal citations omitted). Radjab demonstrated that he meets these requirements.

The Immigration Judge (IJ) found that Radjab’s “parents and brother died in an explosion which occurred when members of the…