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Keywords

motionasylumliens

motionliens

Related Cases

Marsadu v. Holder

Facts

Petitioners are Indonesian citizens of the Christian faith who entered the United States as nonimmigrant visitors. They applied for asylum in 2003, citing fears of persecution due to their religion. After their claims were denied by an Immigration Judge and the BIA, they filed a motion to reopen in 2012, arguing that conditions for Christians in Indonesia had worsened. The BIA found their evidence insufficient to demonstrate a change in conditions or a pattern of persecution.

Petitioners are Indonesian citizens of the Christian faith who entered the United States as nonimmigrant visitors.

Issue

Whether the aliens' motion to reopen was properly denied under 8 C.F.R. 1003.2, where the aliens had fears of being persecuted in Indonesia due to their Christian faith.

Rule

A motion to reopen must establish a prima facie case for the underlying substantive relief sought and introduce previously unavailable material evidence. An asylum applicant must show a well-founded fear of persecution based on membership in a particular social group.

A motion to reopen must establish a prima facie case for the underlying substantive relief sought and introduce previously unavailable material evidence.

Analysis

The court found that the BIA correctly assessed the evidence presented by the Petitioners, comparing it to prior evidence from 2007. The BIA concluded that the conditions for Christians in Indonesia had not significantly changed and that the Petitioners failed to demonstrate an individualized risk of harm or a pattern of persecution. The court noted that the BIA's findings were supported by substantial evidence.

The court found that the BIA correctly assessed the evidence presented by the Petitioners, comparing it to prior evidence from 2007.

Conclusion

The court denied the Petitioners' petition for review, affirming the BIA's decision to deny the motion to reopen their removal proceedings.

Who won?

The government prevailed in the case because the court upheld the BIA's decision, finding that the Petitioners did not meet the necessary criteria to reopen their removal proceedings.

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