Sip Tjhin Bong v. U.S. Attorney General

574 F. App'x 868
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 30, 2014
Docket13-13234
StatusUnpublished

This text of 574 F. App'x 868 (Sip Tjhin Bong 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
Sip Tjhin Bong v. U.S. Attorney General, 574 F. App'x 868 (11th Cir. 2014).

Opinion

PER CURIAM:

Sip Bong, along with his wife and daughter, natives and citizens of Indonesia, seek review of the Board of Immigration Appeals’s (“BIA”) decision, affirming the Immigration Judge’s (“IJ”) denial of Bong’s application for asylum and withholding of removal. On appeal, Bong argues that, based on his asylum application and credible testimony, which was supported by the background evidence of country conditions, he established that he suffered past persecution based on his Chinese ethnicity and Christian religion. He further argues that his testimony and the current country condition evidence, specifically the 2011 State Department Country Report and Human Rights Watch’s World Report 2012, established that he had a well-founded fear of future persecution. Lastly, Bong argues that the evidence established that he would more likely than not be persecuted as a Chinese Christian in Indonesia, and thus, the IJ erred in denying him withholding of removal.

When the BIA issues a decision, we review only that decision, except to the extent that the BIA expressly adopts the IJ’s decision. Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir.2001). When the BIA explicitly agrees with the findings of the IJ, we review the decision of both the BIA and the IJ as to those issues. Ayala v. U.S. Att’y Gen., 605 F.3d 941, 948 (11th Cir.2010). Because the BIA agreed with the IJ’s findings, and made additional observations, we review both decisions.

In a petition for review of a BIA decision, we review factual determinations under the substantial evidence test. Kazemzadeh v. U.S. Att’y Gen., 577 F.3d 1341, *870 1350 (11th Cir.2009). Under the substantial evidence test, we draw every reasonable inference from the evidence in favor of the decision, and reverse a finding of fact only if the record compels a reversal. Id. at 1351. We must affirm if the BIA’s decision is “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Id. The fact that the record may support a contrary conclusion is insufficient to reverse. Adefemi v. Ashcroft, 386 F.3d 1022, 1027 (11th Cir.2004) (en banc).

An applicant for asylum must meet the Immigration and Nationality Act’s (“INA”) definition of a refugee. INA § 208(b)(1), 8 U.S.C. § 1158(b)(1). The INA defines a refugee as a person who cannot return to his home country due to “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” INA § 101(a)(42)(A), 8 U.S.C. § 1101(a)(42)(A). To establish eligibility for asylum, a petitioner must demonstrate either past persecution, or a well-founded fear of future persecution, based on a statutorily listed factor. Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1257 (11th Cir.2006). The alien must present “specific, detailed facts showing a good reason to fear that he or she will be singled out for persecution.” Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1231 (11th Cir.2005). If the petitioner demonstrates past persecution, there is a rebuttable presumption that he has a well-founded fear of future persecution. Ruiz, 440 F.3d at 1257. If the petitioner cannot demonstrate past persecution, he must demonstrate that his well-founded fear of future persecution is subjectively genuine and objectively reasonable. Id.

An alien seeking withholding of removal similarly must show that his “life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.” INA § 241(b)(3)(A), 8 U.S.C. § 1231(b)(3)(A). The burden of proof for withholding of removal, however, is “more likely than not,” and, thus, is “more stringent” than the standard for asylum relief. Sepulveda, 401 F.3d at 1232. Where a petitioner fails to establish a claim of asylum on the merits, often he necessarily fails to establish any claims for withholding of removal. See Zheng v. U.S. Att’y Gen., 451 F.3d 1287, 1292 (11th Cir.2006).

We have held that “persecution is an extreme concept, requiring more than a few isolated incidents of verbal harassment or intimidation, and that mere harassment does not amount to persecution.” Sanchez Jimenez v. U.S. Att’y Gen., 492 F.3d 1223, 1232 (11th Cir.2007). In determining whether an alien suffered past persecution, the IJ must consider the cumulative effects of the incidents. De Santamaria v. U.S. Att’y Gen., 525 F.3d 999, 1008 (11th Cir.2008). We have previously concluded that circumstances involving only minimal violence do not compel a conclusion of persecution. See Kazemzadeh, 577 F.3d at 1353 (upholding the BIA’s determination of no past persecution where the petitioner was “arrested while participating in a student demonstration, interrogated and beaten for five hours, and detained for four days, but ... did not prove that he suffered any physical harm,” and state authorities monitored him after his release and ordered him to appear before a university disciplinary committee and a state court); Djonda v. U.S. Att’y Gen., 514 F.3d 1168, 1174 (11th Cir.2008) (upholding the BIA’s determination of no past persecution where the petitioner was threatened with arrest by students who lacked the power to carry out that threat, “in conjunction with [a] minor beating” that merely resulted in “scratches and bruises”); *871 Sepulveda, 401 F.3d at 1281 (upholding the BIA’s determination of no past persecution where petitioner received “menacing telephone calls and threats” and the restaurant where she worked was bombed). As to economic persecution, we have held that “employment discrimination which stops short of depriving an individual of a means of earning a living does not constitute persecution.” Barreto-Claro v. U.S. Att’y Gen., 275 F.3d 1384, 1340 (11th Cir.2001) (holding that although petitioner suffered employment discrimination, lost his job as a taxi driver, and was forced to take menial work, he was not persecuted).

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Bluebook (online)
574 F. App'x 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sip-tjhin-bong-v-us-attorney-general-ca11-2014.