Ben Longchar v. U.S. Attorney General

179 F. App'x 665
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 8, 2006
Docket05-15557
StatusUnpublished

This text of 179 F. App'x 665 (Ben Longchar v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ben Longchar v. U.S. Attorney General, 179 F. App'x 665 (11th Cir. 2006).

Opinion

PER CURIAM:

Ben Longchar and his spouse, Imdongybang Mexisenla, Indian nationals, petition for review of the Board of Immigration Appeals’ decision affirming an Immigration Judge’s order of removal and denial of their asylum and withholding of removal claims, as well as relief under the United Nations Convention Against Torture. On appeal, they argue that substantial evidence proved that they suffered past persecution and had a well-founded fear of future persecution based on their Christian religion. For the reasons set forth more fully below, we deny the petition.

Longchar, the lead petitioner, entered the United States on September 4,1995, as a non-immigrant student to attend the “S.E. Theological Seminary” in Wake Forest, North Carolina. Mexisenla, the derivative petitioner, entered the United States on or about January 22, 1996, as a non-immigrant with F-2 status to remain in the United States for a temporary period not to exceed December 1, 2002. It appears that Longchar, including his spouse, Mexisenla, filed an application for asylum and withholding of removal signed May 21, 2003, alleging persecution on account of their religion and political opinion. 1 On July 8, 2003, both petitioners were served with notices to appear. Longchar was charged with failing to maintain or comply with the conditions of his non-immigrant status, specifically failing to continue to attend the Theological Seminary, in viola *667 tion of INA § 237(a)(1)(C), 8 U.S.C. § 1227(a)(1)(C). Mexisenla was charged with remaining in the United States for a longer time than permitted, a violation of INA § 237(a)(1)(B), 8 U.S.C. § 1227(a)(1)(B). The petitioners admitted to the allegations in their notices to appear and conceded removability.

In his application, Longchar (used herein to refer to both petitioners) stated that he was a Christian Missionary Pastor, and that the government of India supported members of the Hindu faith that persecute Christians like himself. He feared that, if returned to India, he would be kidnaped and arrested and his wife would be raped by the government and religious sects because of his past, current, and future spiritual beliefs. In support, Longchar stated that he personally had been beaten, abused, and attacked in India, and that his brother-in-law and uncle had as well. He further stated that he was a member of the Community Democracies movement and continued to assist Christians in India by sending leaflets and literature.

Longchar included a personal statement indicating that, on August 6,1986, while he was in college, four men who he believed were hired hands entered his apartment, said they were there to “settle a matter,” and beat him until he laid motionless. One of the men said, “He’s dead, let’s go.” Longchar believed that the men attacked him because he had befriended two Hindu classmates who went to church with him, although they were not converted, as well as his relationship with another Hindu who was converted to Christianity after Longchar invited the friend to attend a Christian youth camp. In 1997, Longchar’s brother-in-law, also a Christian, was kidnaped and attacked by “gangsters,” but escaped after his captors discovered that he was carrying a large sum of money. In 1998, another brother-in-law had his home ransacked by Indian soldiers during a prayer meeting, and after Christian literature was discovered, three members of the prayer group were taken away, beaten, and tortured.

Among the various exhibits submitted was the 2003 State Department Report on Human Rights Practices for India. India was described as a parliamentary democracy led by the “BJP” party, and, while the 28 individual state governments had primary responsibility for law and order, the central government provided guidance and support through the use of paramilitary groups. While human rights were generally respected, the report noted problems with religiously motivated violence against Muslims and Christians.

In the “Freedom of Religion” section, the report noted that, although “the law provides for religious freedom, enforcement of the law was poor, particularly at the state and local levels.” The report further noted that the ruling party, the BJP, had links to extremist Hindu groups that were implicated in violent acts against Christians and Muslims, although there was no evidence that the government itself was complicit in the violence. Tensions between Muslims and Hindus and Hindus and Christians continued throughout the year, although attacks on religious minorities decreased overall. The government was, however, criticized for its failure to restrain Hindu extremists. Notwithstanding the Hindu nationalists, Christian leaders reported a decrease in violent incidents, and the report further noted that where Christians comprised a majority, Christians were sometimes the oppressors.

Next, Longchar submitted a 2004 report by the United States Commission on International Religious Freedom. It listed India among the 11 countries recommended for placement on the list of “Countries of Particular Concern” for “the systematic, *668 ongoing, and egregious violations of religious freedom that the governments are responsible for or have tolerated.” The report noted that violence, including fatal attacks, against Muslims and Christians continued, and several members of the central government were known to have allied themselves with extremist Hindu groups. Three members of the Commission, however, dissented from designating India as a “Country of Particular Concern,” finding that India had the legal and democratic traditions to deal with religious intolerance, and, in fact, significant steps had been taken to correct insufficient actions taken against religious extremists who used violence against minority religions.

Also included was the State Department’s 2003 International Religious Freedom Report. It reported that, while there was a decrease in the number of incidents of Hindu-Christian violence, the passage of “anti-conversion” laws increased the likelihood of religious intolerance. It noted that the central government is led by a coalition that has pledged to respect India’s traditions of secular government and religious tolerance, but that the leading party was the BJP, a Hindu nationalist party with links to extremist groups. Out of a population of roughly 1 billion people, Christians comprise 2.3 percent, or 23 million people, concentrated in six states, including Nagaland. The central government generally respected the right to religious freedom, although it was noted that state and local governments only partially respected that freedom. Most attacks against Christian groups were perpetrated by Hindu extremist groups or mobs. The report also indicated that two Indian states (not Nagaland) had passed “anti-conversion” laws that criminalized alluring people to convert religions. However, in northern India, only a few isolated incidents involving attacks on religious minorities were reported.

Moreover, the report stated that there was no national law barring a citizen or foreigner from professing or propagating his or her religious beliefs, although actual preaching required permission.

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