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Keywords

tortjurisdictionappealhearingburden of proofharassmentasylumvisa
tortjurisdictionappealhearingburden of proofharassmentasylumvisa

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Sela v. Mukasey

Facts

Sela entered the United States in October 2000 on a visitor visa, which expired in April 2001. He remained in the United States and was served with a Notice to Appear in April 2003. In a hearing before an Immigration Judge on May 3, 2005, Sela conceded removability but applied for asylum, withholding of removal, and CAT protection, claiming persecution on account of his Christian religion. He testified about rioting against Christians in Jakarta in May 1998, which frightened him and his family, and described incidents of harassment during his journey to a safer area.

Sela entered the United States in October 2000 on a visitor visa, which expired in April 2001. He remained in the United States and was served with a Notice to Appear in April 2003. In a hearing before an Immigration Judge on May 3, 2005, Sela conceded removability but applied for asylum, withholding of removal, and CAT protection, claiming persecution on account of his Christian religion. He testified about rioting against Christians in Jakarta in May 1998, which frightened him and his family, and described incidents of harassment during his journey to a safer area.

Issue

Did the Board of Immigration Appeals err in denying Sela's application for asylum and withholding of removal based on his claims of persecution?

Did the Board of Immigration Appeals err in denying Sela's application for asylum and withholding of removal based on his claims of persecution?

Rule

The appellate court must accept the Immigration Judge and the Board of Immigration Appeals' findings of fact unless any reasonable adjudicator would have been compelled to conclude to the contrary. The burden of proof lies with the petitioner to establish that his life or freedom would be threatened in his home country on account of his religion.

The appellate court must accept the Immigration Judge and the Board of Immigration Appeals' findings of fact unless any reasonable adjudicator would have been compelled to conclude to the contrary. The burden of proof lies with the petitioner to establish that his life or freedom would be threatened in his home country on account of his religion.

Analysis

The court applied the rule by evaluating whether Sela had demonstrated past persecution or a clear probability of future persecution. The IJ and BIA found that the incidents described by Sela did not rise to the level of persecution and were indicative of general civil unrest. The court noted that Sela's claims of fear did not amount to sufficient evidence of persecution, as he had not been physically harmed and any property damage was minimal.

The court applied the rule by evaluating whether Sela had demonstrated past persecution or a clear probability of future persecution. The IJ and BIA found that the incidents described by Sela did not rise to the level of persecution and were indicative of general civil unrest. The court noted that Sela's claims of fear did not amount to sufficient evidence of persecution, as he had not been physically harmed and any property damage was minimal.

Conclusion

The petition for review was denied with respect to Sela's claim for withholding of removal and was dismissed for lack of jurisdiction with respect to his asylum and Convention Against Torture claims.

The petition for review was denied with respect to Sela's claim for withholding of removal and was dismissed for lack of jurisdiction with respect to his asylum and Convention Against Torture claims.

Who won?

The government prevailed in the case because the court upheld the BIA's findings that Sela failed to establish the necessary elements for asylum and withholding of removal.

The government prevailed in the case because the court upheld the BIA's findings that Sela failed to establish the necessary elements for asylum and withholding of removal.

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