Yanto v. Attorney General of the United States

398 F. App'x 830
CourtCourt of Appeals for the Third Circuit
DecidedOctober 22, 2010
DocketNos. 06-1424, 08-4342
StatusPublished
Cited by4 cases

This text of 398 F. App'x 830 (Yanto v. Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yanto v. Attorney General of the United States, 398 F. App'x 830 (3d Cir. 2010).

Opinion

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In these consolidated appeals, Andreas Suryanto petitions for review of two orders of the Board of Immigration Appeals (BIA). We will deny both petitions.

I.

Because we write for the parties, we state only the facts and procedural history necessary to our decision. Suryanto is an Indonesian Chinese Christian who was placed in removal proceedings after overstaying his visa. He conceded removability, but applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), arguing that he faced religious and ethnic persecution in Indonesia. After a hearing on the merits, the Immigration Judge (IJ) issued an oral decision denying Suryanto relief and granting his request for voluntary departure. The Board of Immigration Appeals (BIA) summarily affirmed the IJ’s order. Following the BIA’s decision, Suryanto incorrectly filed a petition for review in the Ninth Circuit, which transferred the case here. After his case was transferred, Suryanto married a United States citizen, and we held his appeal in abeyance pending adjudication of his 1-180 application. Following approval of his 1-130 application, Suryanto filed a motion with the BIA to reopen and remand his case. The BIA denied this petition, and Suryanto filed a second petition for review.

A.

Suryanto argues that he is entitled to relief because he has suffered persecution in Indonesia as a result of his Chinese ethnicity and Christian faith, and because he fears future persecution if he is forced to return. At his removal hearing, Suryanto recounted incidents of harassment and violence to support his claim. While a student in primary school, children frequently demanded money from Suryanto, and on ten or more occasions he was physically assaulted, although sometimes the attack was limited to a slap or a push. Suryanto testified that he was targeted for these attacks because “they assume that every Chinese has money.” Tr. 25.

Suryanto described two specific incidents of violence in greater detail. First, in 1990 he and a friend were beaten by seven or eight peers after rebuffing their demand for money. Second, about a year later, two older teenage boys accosted Suryanto and choked him until he “couldn’t breathe.” Id. at 30. Suryanto believed he was targeted both times because of his Chinese ethnicity.

Suryanto also related instances of violence and harassment directed toward his family. For example, Suryanto’s father opened an electronics store in the late 1980s and gang members demanded protection money from him. Suryanto’s father initially refused to pay, and the gang members beat him and his employees. Suryanto claimed that these incidents “only happen[ed] in the Chinese [stores],” and were thus likely motivated by ethnic animus. Id. at 41. In May 1998, during the widespread anti-government riots in [832]*832Indonesia, Suryanto’s father’s electronics store was burned down and his family was forced to hide in their home for a period of three days.

In addition to this ethnically-motivated harassment, Suryanto described two religiously-motivated attacks that he experienced. On December 24, 2000, during a Christmas service at Suryanto’s church in Jakarta, a bomb exploded in the parking lot. A few minutes later, after he had gone out to see what had happened, a second bomb exploded inside the church, causing several injuries, some of them serious. In January 2001, as Suryanto and other young members of the congregation were returning home from cleaning the church, they were again accosted. When Suryanto refused to turn over his money, he was beaten and warned: “don’t even try to repair or rebuild that church.” Id. at 53.

Soon after this incident, Suryanto left for Singapore at his mother’s behest. After two months, however, he returned to Indonesia because Singapore was too “busy” and because it was “very difficult to find a job.” Id. at 22. Five months later, in September 2001, Suryanto came to the United States.

In addition to his claims of past persecution, Suryanto testified that he fears future persecution because of ongoing hostility toward ethnic Chinese Christians in Indonesia.

B.

Although Suryanto had “basically been a credible witness,” the IJ found that Suryanto did not suffer past persecution. IJ Opinion 8. The IJ concluded that Suryanto’s run-ins with children seeking money were a result of his “refus[al] to give individuals money. Not because he was Chinese.” Id. at 9. The IJ also held that the bombing of Suryanto’s church was not an “act of persecution,” but rather “an isolated act of aggression and terrorism.” Id. This finding was buttressed by the fact that “[tjhere were no problems before or subsequent to that incident at that church.” Id. The IJ also noted that the attack made on Suryanto during his return from cleaning the church did not constitute religious persecution because it did not impair his freedom of worship. Finally, the IJ concluded that Suryanto did not “truly ... fear for his life” in Indonesia, as evidenced by his prompt return from Singapore. Id. at 4. The IJ found that had Suryanto truly feared for his life, he would have remained in Singapore “notwithstanding the fact that ... life is very busy and hectic there, and notwithstanding the fact that he did not have a job at that time.” Id. at 5.

Alternatively, the IJ held that Suryanto “could obviously avoid any future persecution by relocating to another section of his country....” Id. at 11. Suryanto conceded that he “has had no problems as an adult” in the province where his parents reside, and that his family is free to practice religion there. Id.

C.

Suryanto petitioned for review of the IJ’s decision and the BIA affirmed without opinion. Because Suryanto improperly sought review of the BIA decision in the Court of Appeals for the Ninth Circuit, the case was transferred here on January 25, 2006.1

[833]*833On May 25, 2007, Suryanto married a United States citizen. He then moved the BIA to reopen his case, so we held his petition in abeyance pending further action by the BIA. After the BIA denied his motion, Suryanto filed a second petition for review, claiming a due process deprivation. We consolidated both petitions.

II.

Where, as here, the BIA affirms the IJ’s decision without opinion, we review the IJ’s decision. Zhang v. Gonzales, 405 F.3d 150, 155 (3d Cir.2005). We review the IJ’s factual determinations under the substantial evidence standard, which requires us to defer to the IJ’s findings “unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). We review the BIA’s denial of the motion to reopen for an abuse of discretion. Borges v. Gonzales, 402 F.3d 398, 404 (3d Cir.2005).

An alien is eligible for asylum, pursuant to 8 U.S.C. § 1158(b)(1)(A), if he qualifies as a “refugee” within the meaning of 8 U.S.C.

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