Purnomo v. Gonzales
Purnomo v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioners Edwin Sandra Purnomo and Sin Nee Wong, citizens of Indonesia, seek review of a January 31, 2006, order of the BIA vacating the August 18, 2004, decision of Immigration Judge (“IJ”) Douglas B. Schoppert granting Purnomo’s applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). In re Edwin Sandra Purnomo, Sin Nee Wong, Nos. A 96 259 826, A 96 259 827 (B.I.A. Jan. 31, 2006), aff'g Nos. A 96 259 826, A 96 259 827 (Immig. Ct. N.Y. City Aug. 18, 2004).
When the BIA does not adopt the decision of the IJ to any extent, this Court reviews only the decision of the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). While we review the agency’s factual findings under the substantial evidence standard, see 8 U.S.C. § 1252(b)(4)(B), we will “vacate and remand BIA decisions that result from flawed reasoning or the application of improper legal standards.” Rizal v. Gonzales, 442 F.3d 84, 89 (2d Cir. 2006).
We find the BIA’s decision legally erroneous, and accordingly vacate and remand for further proceedings. In granting the application for asylum, the IJ relied on the following factual findings: Purnomo’s personal circumstances had changed since he had become more religiously devout after entering the United
. Since petitioners did not address the BIA’s denial of their claim for relief under the Convention Against Torture, we deem that claim waived. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 542 n. 1 (2d Cir. 2005).
Reference
- Full Case Name
- Edwin Sandra PURNOMO, Sin Nee Wong v. Alberto R. GONZALES, Attorney General of the United States
- Status
- Published