NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 22 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
BAMBANG EDY TRISNO PURBA, No. 08-71858
Petitioner, Agency No. A078-020-173
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Bambang Edy Trisno Purba, a native and citizen of Indonesia, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
factual findings and review de novo legal determinations. Wakkary v. Holder, 558
F.3d 1049, 1056 (9th Cir. 2009). We grant the petition for review, and we remand.
In evaluating the harm Purba suffered in Indonesia, the agency concluded it
was more akin to harassment and discrimination than persecution. Substantial
evidence does not support the agency’s finding, because the repeated beatings
Purba suffered during high school rose to the level of persecution. See Duarte de
Guinac v. INS, 179 F.3d 1156, 1161-62 (9th Cir. 1999). In addition, in evaluating
Purba’s claim of future persecution, the agency did not have the benefit of our
decisions in Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010), or Wakkary.
Accordingly, we grant the petition for review and remand for proceedings
consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002)
(per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-71858