Imelda Maria Efie Suharti v. U.S. Attorney General

349 F. App'x 443
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 16, 2009
Docket05-14131, 09-10475
StatusUnpublished

This text of 349 F. App'x 443 (Imelda Maria Efie Suharti 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
Imelda Maria Efie Suharti v. U.S. Attorney General, 349 F. App'x 443 (11th Cir. 2009).

Opinion

PER CURIAM:

Petitioners Imelda Maria Efie Suharti, her husband, Nana Suryadi, and their son, Nickholas Louise, seek review of final orders of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) order denying asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), 8 U.S.C. §§ 1158, 1231, 8 C.F.R. § 208.16(c). 1 Because we lacked jurisdiction to issue the opinion issued in Suharti *445 v. U.S. Att’y Gen., 185 Fed.Appx. 878 (11th Cir.2006) (per curiam) (No. 05-14131), we vacate and withdraw that opinion and the subsequent mandate. Because substantial evidence supports the BIA’s finding that Suharti was not entitled to asylum or withholding of removal, the record does not compel the finding that she is entitled to asylum or withholding of removal. 2 We, therefore, deny Suharti’s petition for review.

I. BACKGROUND

Suharti, Suryadi, and Louise are natives and citizens of Indonesia. Within months after they arrived in the United States in 2002, Suharti filed an application for asylum, withholding of removal, and CAT relief and requested derivative relief on behalf of her husband and son. In her application, Suharti indicated that she had been or would be harmed or mistreated on account of her race and religion and that she feared being subjected to torture if she was returned to Indonesia. She explained that she and her husband are ethnic-Chinese Christians and that, because of her ethnicity and religion, she was sexually abused by native Indonesians while attending school. She stated that the police requested a fee to process the report regarding the sexual attack. She claimed that the Chinese were hated by native Indonesians and Muslims and attacked by the Indonesians when anything negative occurred in Indonesia, and that the government failed to control the Indonesians or to protect the Chinese. In support of her application, she submitted various documents and articles. Included in the documents were an affidavit that her husband’s store had been looted and burned in 1998, and the 1998 testimony by a humanitarian organization representative to Congress that detailed acts of violence in Jakarta, including the burning of homes and businesses, riots, looting, and gang-rapes on Chinese women. Suharti maintained that the violence was attributable to politically organized gangs and rejected any suggestion that the violence was prompted by racial conflict.

In October 2002, the former Immigration and Naturalization Service (“INS”) 3 served Suharti, Suryadi, and Louise with notices to appear (“NTA”), alleging that they were admitted as nonimmigrant visitors and were subject to removal, pursuant to 8 U.S.C. § 1227(a)(1)(B), for having remained in the United States longer than permitted.

At an asylum hearing in 2003, Suharti and Suryadi appeared pro se, admitted to the NTA factual allegations, and testified. Suharti said that she came to the United States because she feared for her safety while living in Indonesia. She stated that, when she was 15 years of age, she was stopped while walking home from school by two native-Indonesian men, who touched her breast and burned her cheek with a cigarette. When her father reported the incident, the police required him to pay a fee not required of native-Indonesians, before they prepared a report and told him that he had to pay for protection *446 whenever it was needed. Suharti believed that she was attacked because of her Chinese ethnicity. She explained that native Indonesians liked to embarrass, hurt, or even kill the Chinese, especially girls, that incidents involving Chinese girls were regular occurrences, and that her attackers had identified her as Chinese before asking her what she was doing in the area and telling her to go back to her country. Suharti also testified that (1) in December 2001, two men robbed her mother of her necklace and purse while she was entering her home after returning from church; (2) in July 2001, while pregnant with Suharti in July 2001, she was robbed and pushed to the ground which caused her water to break; and (3) in 2003, her younger sibling was robbed a month before the hearing. She explained that a primary incident causing her fear for returning to Indonesia was a riot between the Chinese and the native Indonesians on 15 May 1998, in which Suryadi’s Jakarta store was burned and looted and Suryadi was injured when the rioters were upset by a crucifix displayed in the store. Suharti clarified that the entire shopping complex housing Sur-yadi’s store was burned, most of the store owners were Chinese, she was actually living in Taiwan during the 1998 riot, and Suryadi had instructed her to go there because of rumors of a planned attack in Jakarta.

Suharti testified about her marriage to Suryadi, providing specific dates and details concerning her marriage ceremony, reception, and certificate. AR at 383-84. She then explained that, despite her fear of persecution, she traveled between Taiwan and Indonesia several times because Taiwan did not have an asylum program. Suharti also testified that the Chinese were targeted in the 1998 riots because of their economic success and the belief that their destruction would return economic prosperity to native Indonesians. She acknowledged that the government attempted to stabilize the areas where rioting had erupted, but she also asserted that neither the military nor the police provided protection and that, despite a peace agreement, the native Indonesians had bombed churches. Suryadi’s testimony was not recorded or transcribed.

The IJ denied Suharti’s application for asylum, withholding of removal, and CAT relief, and ordered Suharti, Suryadi, and Louise removed to Indonesia. AR at 75-86. The IJ found that Suharti and Sur-yadi were not credible based on inconsistencies between the testimony given by Suharti and Suryadi concerning the circumstances of their marriage ceremony, reception, and certification, and Suryadi’s failure to identify a particular date. The IJ further found that, even if Suharti and Suryadi were credible, they failed to satisfy their burden of showing past persecution on account of a protected ground. The IJ reasoned that the incidents to which Suharti testified amounted to a series of “criminal acts.” Id. at 83. The IJ further concluded that Suharti failed to establish a well-founded fear of future persecution because she lacked credibility and failed to meet her burden of proof. The IJ found that, because Suharti failed to meet the burden required for asylum, she necessarily failed to meet the more stringent burden required for withholding of removal. The IJ also found that Su-harti failed to satisfy the burden of proof for CAT relief.

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A-K
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Bluebook (online)
349 F. App'x 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imelda-maria-efie-suharti-v-us-attorney-general-ca11-2009.