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settlementtestimonyasylumvisa
settlementstatutetestimonyasylum

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Firmansjah v. Gonzales

Facts

At 16, Firmansjah moved with her family to Singapore to escape anti-Chinese violence in Indonesia. She later entered the U.S. on a student visa, where she completed her education. Firmansjah claimed fear of persecution if returned to Indonesia due to her ethnicity and religion, but the immigration judge found she had permanent resident status in Singapore, which she let expire.

Firmansjah testified that in approximately 1990, her father removed all his money from Singapore and reinvested it in business in Indonesia. In 1995 or 1996, after her siblings finished high school and she was already living in the United States, her parents moved back to Indonesia. In 1998, as a result of anti-Chinese violence in Indonesia, her parents twice left Indonesia and headed to Singapore. She testified that as of December 2000, her parents lived in Indonesia but retained their residency in Singapore.

Issue

Did the immigration judge err in determining that Firmansjah had firmly resettled in Singapore prior to her arrival in the United States, thus barring her from asylum?

First, she contends that the immigration judge erred when he determined that she had firmly resettled in Singapore prior to her arrival in the United States. In addition, she maintains that the immigration judge's finding that she was not entitled to withholding of removal was not supported by substantial evidence.

Rule

An alien is not eligible for asylum if they were firmly resettled in another country prior to arriving in the United States, as per 8 U.S.C. 1158(b)(2)(A)(vi). The government bears the initial burden of demonstrating firm resettlement.

Although it has not always been the case, under the current statute, an alien is not eligible for asylum if she was 'firmly resettled in another country prior to arriving in the United States.' 8 U.S.C. 1158(b)(2)(A)(vi); 2 see Abdille Iv. Ashcroft, 242 F.3d 477, 483 n.4 (3d Cir. 2001) (discussing history of firm resettlement and noting that prior to 1990, firm resettlement was only one factor for immigration judge to consider in deciding whether to grant asylum); see also Diallo v. Ashcroft, 381 F.3d 687, 692 n.4, 693 (7th Cir. 2004).

Analysis

The court found substantial evidence supporting the immigration judge's determination that Firmansjah had firmly resettled in Singapore. Her own admissions in her asylum application and testimony indicated she had received permanent resident status in Singapore, which satisfied the government's burden. The court noted that her claims of fear of persecution did not negate the finding of firm resettlement.

We agree with the government that Firmansjah's admission in both her written application and oral testimony that she had received permanent resident status in Singapore satisfied the government's initial burden of producing evidence indicating that Firmansjah had resettled in a third country. The burden then shifted to Firmansjah to show that she was not firmly resettled.

Conclusion

The court denied the petitions for review, affirming the immigration judge's decision that Firmansjah was ineligible for asylum due to her prior resettlement in Singapore.

The petitions for review were denied.

Who won?

The government prevailed because the court found substantial evidence supporting the immigration judge's conclusion that Firmansjah had firmly resettled in Singapore.

The court held that the alien's admission in both her written application and oral testimony that she had received permanent resident status in Singapore satisfied the government's initial burden of producing evidence indicating that she had resettled in a third country.

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