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Keywords

testimonyasylum
testimonyasylum

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Lolong v. Gonzales

Facts

Marjorie Konda Lolong is an Indonesian woman of ethnic Chinese descent and a Christian. She entered the United States as a student in 1990 and applied for asylum in December 1998 after experiencing violence against her community in Indonesia, including the rape of a friend and the beating of her uncle. During her removal proceedings, the Immigration Judge (IJ) found her testimony credible and initially granted her asylum, but the BIA later reversed this decision, citing evidence that the Indonesian government was taking steps to control violence against ethnic and religious minorities.

Marjorie Konda Lolong is an Indonesian woman of ethnic Chinese descent and a Christian. She entered the United States as a student in 1990 and applied for asylum in December 1998 after experiencing violence against her community in Indonesia, including the rape of a friend and the beating of her uncle. During her removal proceedings, the Immigration Judge (IJ) found her testimony credible and initially granted her asylum, but the BIA later reversed this decision, citing evidence that the Indonesian government was taking steps to control violence against ethnic and religious minorities.

Issue

Did the BIA err in denying Lolong's application for asylum and granting her voluntary departure?

Did the BIA err in denying Lolong's application for asylum and granting her voluntary departure?

Rule

The court held that the BIA's reversal of an IJ's grant of relief reinstates the initial finding of removability, which constitutes an effective order of removal under the Immigration and Nationality Act.

The court held that the BIA's reversal of an IJ's grant of relief reinstates the initial finding of removability, which constitutes an effective order of removal under the Immigration and Nationality Act.

Analysis

The court applied the rule by determining that the BIA's decision to reverse the IJ's grant of asylum was supported by substantial evidence, including reports indicating that the Indonesian government was taking measures to suppress violence against ethnic and religious minorities. Although Lolong expressed a subjective fear of persecution, the court found that she failed to demonstrate that her fears were objectively reasonable.

The court applied the rule by determining that the BIA's decision to reverse the IJ's grant of asylum was supported by substantial evidence, including reports indicating that the Indonesian government was taking measures to suppress violence against ethnic and religious minorities. Although Lolong expressed a subjective fear of persecution, the court found that she failed to demonstrate that her fears were objectively reasonable.

Conclusion

The court denied Lolong's petition for review, affirming the BIA's decision to deny her asylum application.

The court denied Lolong's petition for review, affirming the BIA's decision to deny her asylum application.

Who won?

The government prevailed in the case as the court upheld the BIA's decision to deny Lolong's asylum application based on substantial evidence.

The government prevailed in the case as the court upheld the BIA's decision to deny Lolong's asylum application based on substantial evidence.

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