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Keywords

discriminationasylum
discriminationasylum

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Santoso v. Holder

Facts

Petitioner arrived in the United States on or about August 2, 1999, with authorization to remain for a temporary period not to exceed six months. On May 23, 2005, nearly six years after her arrival, petitioner filed an application for asylum, withholding of removal, and relief under the CAT. Shortly thereafter, the Department of Homeland Security charged her with removal pursuant to 8 U.S.C. 1227(a)(1)(B) for remaining in the United States for a time longer than permitted and ordered her to appear before an IJ on September 9, 2005.

Petitioner arrived in the United States on or about August 2, 1999, with authorization to remain for a temporary period not to exceed six months. On May 23, 2005, nearly six years after her arrival, petitioner filed an application for asylum, withholding of removal, and relief under the CAT. Shortly thereafter, the Department of Homeland Security charged her with removal pursuant to 8 U.S.C. 1227(a)(1)(B) for remaining in the United States for a time longer than permitted and ordered her to appear before an IJ on September 9, 2005.

Issue

Whether the BIA and the IJ adequately addressed the petitioner's claim of a pattern or practice of persecution of ethnic Chinese and Catholics in Indonesia.

Whether the BIA and the IJ adequately addressed the petitioner's claim of a pattern or practice of persecution of ethnic Chinese and Catholics in Indonesia.

Rule

The BIA's factual findings are reviewed under the substantial evidence standard, treating them as conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.

The BIA's factual findings are reviewed under the substantial evidence standard, treating them as conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.

Analysis

The court found that the BIA explicitly noted that the discrimination and sporadic violence in various parts of Indonesia did not establish a pattern or practice of persecution against individuals similarly situated to the alien. The IJ considered the background materials provided by the alien and noted that religious violence in Indonesia was occurring on a very localized basis and was not countrywide, and that Roman Catholics were free to practice their faith. The findings were supported by substantial evidence.

The court found that the BIA explicitly noted that the discrimination and sporadic violence in various parts of Indonesia did not establish a pattern or practice of persecution against individuals similarly situated to the alien. The IJ considered the background materials provided by the alien and noted that religious violence in Indonesia was occurring on a very localized basis and was not countrywide, and that Roman Catholics were free to practice their faith. The findings were supported by substantial evidence.

Conclusion

The petition for review was denied. Any stay of removal that the court previously granted was vacated.

The petition for review was denied. Any stay of removal that the court previously granted was vacated.

Who won?

The government prevailed in the case because the court found that the BIA adequately addressed the petitioner's claims and that substantial evidence supported the conclusion that no pattern or practice of persecution existed.

The government prevailed in the case because the court found that the BIA adequately addressed the petitioner's claims and that substantial evidence supported the conclusion that no pattern or practice of persecution existed.

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