New 9th Circuit and BIA Immigration Cases

The mistreatment Pelle experienced on account of his Christian faith–being accosted and threatened by several men and a church attack during which the group threw rocks and screamed at the congregants in Arabic–does not rise to the level of past persecution.  However, the BIA erred in failing to apply disfavored group analysis to Pelle’s claim of future persecution because Pelle is a non-Chinese Christian. Pelle presented evidence that he personally experienced harassment and violence in Indonesia on account of his Christian faith. Moreover, he testified that he and his family will be singled out for persecution because they are Westernized and have a U.S. citizen child.  A remand is therefore necessary.  In addition, there is ample record evidence that the Indonesian government is aware, and possibly complicit, in torture inflicted on Christians by Muslim extremists.  The IJ therefore erred in failing to consider the considerable evidence of government acquiescence in torture against Christians in Indonesia.   A remand to the BIA is necessary so that it can apply the correct “awareness or willful blindness” standard for government acquiescence.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/04/05-77337.pdf