Narrative Opinion Summary
This case involves a petition for review by an Indonesian citizen challenging the Board of Immigration Appeals’ decision, which upheld an immigration judge's denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court has jurisdiction under 8 U.S.C. § 1252. The petitioner's asylum application was deemed untimely, a decision the court could not review due to disputed facts. The court found that the mistreatment experienced by the petitioner in Indonesia did not qualify as persecution. Moreover, as a member of a disfavored group, the petitioner did not sufficiently demonstrate a likelihood of persecution upon her return, given her prior continued presence in Indonesia without harassment. The court also concluded there was no pattern or practice of persecution against Chinese Christian Indonesians in Indonesia. Finally, the denial of CAT relief was affirmed, as substantial evidence indicated that torture was not more likely than not upon the petitioner's return. The court dismissed parts of the petition and denied others, with the disposition not suitable for publication or precedent, except as permitted by 9th Cir. R. 36-3.
Legal Issues Addressed
Asylum Application Timelinesssubscribe to see similar legal issues
Application: The court lacks jurisdiction to review the immigration judge's finding regarding the untimeliness of the asylum application due to disputed facts.
Reasoning: The court lacks jurisdiction to review the IJ's finding that Gunawan did not timely file her asylum application due to disputed underlying facts.
Convention Against Torture (CAT) Reliefsubscribe to see similar legal issues
Application: The denial of CAT relief was upheld as the petitioner did not establish that torture is more likely than not upon return to Indonesia.
Reasoning: Additionally, the IJ's denial of CAT relief is supported by substantial evidence, as Gunawan did not establish that torture is more likely than not if she returns to Indonesia.
Definition of Persecutionsubscribe to see similar legal issues
Application: Mistreatment experienced by Gunawan in Indonesia was not deemed to meet the legal standard for persecution.
Reasoning: It upholds the IJ's conclusion that the mistreatment Gunawan experienced in Indonesia does not constitute persecution.
Jurisdiction under 8 U.S.C. § 1252subscribe to see similar legal issues
Application: The court's jurisdiction to review the Board of Immigration Appeals’ order is based on 8 U.S.C. § 1252.
Reasoning: The jurisdiction for this review is established under 8 U.S.C. § 1252.
Pattern or Practice of Persecutionsubscribe to see similar legal issues
Application: The court found no evidence of a pattern or practice of persecution against Chinese Christian Indonesians in Indonesia.
Reasoning: The record fails to show that the religious conflict in Indonesia amounts to a pattern or practice of persecution against Chinese Christian Indonesians.
Withholding of Removal for Disfavored Groupssubscribe to see similar legal issues
Application: The petitioner failed to demonstrate that she would face persecution if returned to Indonesia, even as a member of a disfavored group.
Reasoning: Furthermore, even if Gunawan is considered a member of a disfavored group (Chinese Christian Indonesians), she did not demonstrate that it is more likely than not she would face persecution upon returning to Indonesia.