Tampubolan v. Holder (3/9)
**Disfavored group analysis/withholding**
The BIA erred in failing to apply disfavored group analysis to petitioners’ withholding claim because the record compels a finding that Christians in Indonesia are a disfavored group. The Indonesian government’s support of, or at the very least, acquiescence in, militant expressions of Islam has subjected Christians to violent persecution in Indonesia. The record demonstrates that Christian churches throughout Indonesia have been burned, bombed, and vandalized by Muslim extremists, and Petitioners’ family members who remain in Indonesia have been affected by these attacks. The Religious Freedom Report notes that the government failed to hold accountable religious extremists who killed and terrorized Christians, even as it fully prosecuted and punished Christian leaders for subversion. Therefore, a remand to the BIA is necessary for it to determine whether the combination of disfavored group evidence and evidence of individualized risk is sufficient to establish a clear probability that petitioners will be persecuted if removed to Indonesia.
http://www.ca9.uscourts.gov/datastore/opinions/2010/03/09/06-70811.pdf
newimmigrationcases
