Sunarto Ang v. Holder
2013 U.S. App. LEXIS 13926
| 1st Cir. | 2013Background
- Ang and Erlina, Indonesian citizens, entered U.S. as nonimmigrant visitors in 2007 and overstayed.
- DHS charged removability; they conceded and renewed asylum, withholding, and CAT protection requests.
- IJ found their testimony credible; Ang and Erlina testified about past harm and fear of future harm.
- Ang described a 1982 beating of his father by Muslims; 1998 anti-Chinese riot in Jakarta harmed him and his father.
- Erlina described a 2006 beating by her Muslim family; both argued persecution based on religion/ethnicity.
- IJ denied asylum, finding no past persecution or well-founded fear; relied on State Dept country reports.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Ang establish past persecution? | Ang asserts past harm due to ethnicity and religion as persecution. | Agency found events isolated and not government-sponsored or -acquiesced. | No past persecution; evidence insufficient to show government involvement or targeted persecution. |
| Did Erlina or Ang have a well-founded fear of future persecution? | Fear tied to religious/ethnic identity and threats by family groups. | Record shows no pattern or practice; fear not objectively reasonable given reports. | No well-founded fear; fear not objectively reasonable given country conditions. |
| Was reliance on country condition reports proper to deny asylum? | Record supports individual fear despite general reports. | BIA/IJ properly cited State Dept and IRF reports showing no pattern of persecution. | Agency properly relied on country reports; substantial evidence supports denial. |
Key Cases Cited
- Decky v. Holder, 587 F.3d 104 (1st Cir. 2009) (isolated incidents may not amount to persecution)
- Kho v. Keisler, 505 F.3d 50 (1st Cir. 2007) (government involvement or acquiescence required for persecution)
- Jorgji v. Mukasey, 514 F.3d 53 (1st Cir. 2008) (acquiescence requires government's inability or unwillingness to control private actors)
- Sugiarto v. Holder, 586 F.3d 90 (1st Cir. 2009) (well-founded fear standard; pattern or practice analysis)
- Pakasi v. Holder, 577 F.3d 44 (1st Cir. 2009) (departure and return can undermine fear of persecution)
- Barsoum v. Holder, 617 F.3d 73 (1st Cir. 2010) (decision not to report beating weighs against persecution finding)
- Wu v. Holder, 705 F.3d 1 (1st Cir. 2013) (reemphasizes substantial evidence review standard)