Marisa Wisnubroto v. Eric H. Holder Jr.

MEMORANDUM **

Marisa Setyawati Wisnubroto, and her family, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We grant the petition for review, and we remand.

Substantial evidence supports the BIA’s finding that petitioners’ experiences, in-eluding the threatening phone calls they received, did not rise to the level of persecution. See Wakkary, 558 F.3d at 1059-60. However, in assessing petitioners’ future fear, as ethnically Javanese Evangelical Christians, the BIA did not have the benefit of our intervening decision in Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010). Accordingly, we grant the petition for review and remand for the BIA to consider petitioners’ asylum and withholding of removal claims under the disfavored group analysis in the first instance. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.