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jurisdictionwillasylumvisa
jurisdictionwillasylumvisa

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Banturino v. Holder

Facts

Banturino, a native and citizen of Indonesia, entered the United States in July 1996 on a six-month visitor's visa and remained in the country. In early 2003, he filed an application for asylum after being placed in removal proceedings. He testified about two incidents in Indonesia that made him fear for his safety: a church fire caused by an Islamic extremist group that spread to his family's house, resulting in his mother's death, and an attack on a bus that his brother was on, although his brother was unharmed. The IJ found that Banturino's asylum application was untimely and that he did not qualify for withholding of removal.

Banturino, a native and citizen of Indonesia, entered the United States in July 1996 on a six-month visitor's visa and remained in the country. In early 2003, he filed an application for asylum after being placed in removal proceedings. He testified about two incidents in Indonesia that made him fear for his safety: a church fire caused by an Islamic extremist group that spread to his family's house, resulting in his mother's death, and an attack on a bus that his brother was on, although his brother was unharmed. The IJ found that Banturino's asylum application was untimely and that he did not qualify for withholding of removal.

Issue

Whether the IJ and BIA erred in denying Banturino's application for asylum and withholding of removal.

Whether the IJ and BIA erred in denying Banturino's application for asylum and withholding of removal.

Rule

To qualify for withholding of removal under 8 U.S.C. 1231(b)(3)(A), the petitioner must show that it is 'more likely than not' that he will be subject to persecution on a prohibited ground should he return to his country.

To qualify for withholding of removal under 8 U.S.C. 1231(b)(3)(A), the petitioner must show that it is 'more likely than not' that he will be subject to persecution on a prohibited ground should he return to his country.

Analysis

The court determined that it lacked jurisdiction to review the denial of asylum because Banturino's application was untimely, and he failed to demonstrate changed circumstances in Indonesia. The IJ found that the evidence did not compel a conclusion that the agency erred in its finding regarding the absence of past persecution, as Banturino did not establish a nexus between the harm he suffered and his religion. Additionally, there was no clear threat to his life or freedom if he returned to Indonesia.

The court determined that it lacked jurisdiction to review the denial of asylum because Banturino's application was untimely, and he failed to demonstrate changed circumstances in Indonesia. The IJ found that the evidence did not compel a conclusion that the agency erred in its finding regarding the absence of past persecution, as Banturino did not establish a nexus between the harm he suffered and his religion. Additionally, there was no clear threat to his life or freedom if he returned to Indonesia.

Conclusion

The court denied the alien's petition for review.

The court denied the alien's petition for review.

Who won?

The government prevailed in the case because the court found that Banturino did not meet the requirements for asylum or withholding of removal.

The government prevailed in the case because the court found that Banturino did not meet the requirements for asylum or withholding of removal.

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