FILED
NOT FOR PUBLICATION JUL 25 2012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
RIZKY BHUDIANSYAH No. 10-70515
CHRISTANTO,
Agency No. A099-402-616
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Rizky Bhudiansyah Christanto, a native and citizen of Indonesia, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his application for asylum,
*
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).
withholding of removal, and protection under the Convention Against Torture
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d
1049, 1056 (9th Cir. 2009), and we review de novo due process claims, Simeonov
v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We deny in part, dismiss in part,
and grant in part the petition for review, and we remand.
Christanto has not overcome the presumption that the agency reviewed the
country condition evidence in the record, so he fails to show a due process error.
See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir. 2000). To the extent
Christanto contends the immigration judge erred by rejecting the additional
country report, we lack jurisdiction to review that claim. See Barron v. Ashcroft,
358 F.3d 674, 678 (9th Cir. 2004). Accordingly, Christanto’s due process claim
fails.
Substantial evidence supports the agency’s denial of CAT relief because
Christanto failed to demonstrate it is more likely than not he will be tortured if
returned to Indonesia. See Wakkary, 558 F.3d at 1067-68. Accordingly, we deny
the petition with respect to CAT relief.
Christanto does not challenge the agency’s determination that he failed to
demonstrate past persecution. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-
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60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening
brief are waived). With respect to future persecution, the BIA did not have the
benefit of our decision in Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010),
when it declined to apply disfavored group analysis. Accordingly, we grant the
petition with respect to Christanto’s asylum and withholding of removal claims and
remand for the agency to consider them under a disfavored group analysis. See
INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; DISMISSED in part;
GRANTED in part; REMANDED.
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