FILED
NOT FOR PUBLICATION APR 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MOTAN SILABAN, No. 08-74116
Petitioner, Agency No. A095-630-166
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Motan Silaban, 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, Gonzalez-
*
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).
Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir. 2003), and we grant the
petition for review, and we remand.
The agency found that, even if Silaban suffered persecution in the past, there
has been a fundamental change in circumstances in Indonesia such that he no
longer has a clear probability of persecution. Substantial evidence does not
support the agency’s finding. See Mutuku v. Holder, 600 F.3d 1210, 1213 (9th Cir.
2010) (agency “must provide an individualized analysis of how changed conditions
will affect the specific petitioner’s situation” and country reports did not support
changed circumstances finding). In addition, in assessing Silaban’s fear of future
persecution, the agency did not have the benefit of our decisions in Wakkary v.
Holder, 558 F.3d 1049, 1064–65 (9th Cir. 2009) and Tampubolon v. Holder, 610
F.3d 1056, 1062 (9th Cir. 2010). Accordingly, we grant the petition and remand
for the BIA to assess Silaban’s withholding of removal claim under the disfavored
group analysis in the first instance. See Wakkary, 558 F.3d at 1067; see also INS v.
Ventura, 537 U.S. 12, 16–18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-74116