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Keywords

appealburden of proofdiscriminationharassmentasylumvisacredibility
appealburden of proofdiscriminationharassmentasylumvisacredibility

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Kho v. Keisler

Facts

Kho, born in Indonesia in 1943, entered the U.S. on a tourist visa in 2001 and applied for asylum and withholding of removal in 2003. He testified to experiencing discrimination and harassment in Indonesia, including being targeted during anti-Chinese riots in 1998. The BIA found that Kho's experiences did not rise to the level of persecution and that he failed to establish a connection between his maltreatment and government action.

Kho, born in Indonesia in 1943, entered the U.S. on a tourist visa in 2001 and applied for asylum and withholding of removal in 2003. He testified to experiencing discrimination and harassment in Indonesia, including being targeted during anti-Chinese riots in 1998. The BIA found that Kho's experiences did not rise to the level of persecution and that he failed to establish a connection between his maltreatment and government action.

Issue

Did the BIA err in denying Kho's application for withholding of removal by failing to apply a disfavored group analysis and by not making explicit credibility findings?

Did the BIA err in denying Kho's application for withholding of removal by failing to apply a disfavored group analysis and by not making explicit credibility findings?

Rule

An asylum applicant must demonstrate it is 'more likely than not' that he would suffer persecution on account of his race or religion upon returning to his home country. The applicant may create a rebuttable presumption of a threat to life or liberty by proving past persecution.

An asylum applicant must demonstrate it is 'more likely than not' that he would suffer persecution on account of his race or religion upon returning to his home country. The applicant may create a rebuttable presumption of a threat to life or liberty by proving past persecution.

Analysis

The court applied the rule by affirming the BIA's conclusion that Kho did not establish a pattern or practice of persecution against ethnic Chinese or Christians in Indonesia. The court rejected the disfavored group analysis and the presumption of credibility, stating that the BIA's findings were supported by substantial evidence.

The court applied the rule by affirming the BIA's conclusion that Kho did not establish a pattern or practice of persecution against ethnic Chinese or Christians in Indonesia. The court rejected the disfavored group analysis and the presumption of credibility, stating that the BIA's findings were supported by substantial evidence.

Conclusion

The court of appeals denied Kho's petition for review, upholding the BIA's decision.

The court of appeals denied Kho's petition for review, upholding the BIA's decision.

Who won?

The government prevailed in the case because the court found that Kho did not meet the burden of proof required for withholding of removal.

The government prevailed in the case because the court found that Kho did not meet the burden of proof required for withholding of removal.

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