Lie v. Attorney General
Lie v. Attorney General
Opinion of the Court
OPINION
Linda Lienardy Lie and Phoe Pek Jan petition for review of an order of the Board of Immigration Appeals (“Board” or “BIA”). The Board’s order adopted and affirmed the decision of an Immigration Judge (“IJ”), which found the petitioners removable and denied their applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT).
I.
Phoe Pek Jan entered the United States as a visitor in January 2001; her daughter Linda Lienardy Lie entered as a visitor in May 2002. Both stayed longer than they
In a hearing before an IJ, Jan testified that she did not know what caused the fight between the Madura and Dayak, and that she did not know why her home was attacked. A.R. 195-96. She also testified that she opened a coffee house in her home in 1994 and ran it for about three years, but closed it after four men came into the shop and tried to attack her. A.R. 200. They ran away after knocking her down. Id. She testified she did not know why they broke in. A.R. 201.
The IJ found that Petitioners’ asylum applications were time-barred.
On appeal, the Board indicated that Petitioners presented “sympathetic circumstances,” but did not find the IJ’s findings of fact to be clearly erroneous. A.R. 2. The Board also specifically noted that the IJ did not err “in concluding that the respondents did not adequately demonstrate that either had been a victim of past persecution on a ground protected under the Act.” Id.
II.
We have jurisdiction to review final orders of removal under section 242(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1252(a)(1), as amended by the REAL ID Act of 2005. When the Board issues a decision on the merits, we generally review only the Board’s order. See Li v. U.S. Attorney General, 400 F.3d 157, 162 (3d Cir. 2005); Abdulai v. Ashcroft, 239 F.3d 542, 548-49 (3d Cir. 2001). Where the Board adopts the reasoning of the IJ with some discussion of the bases for the IJ’s decision, we also review the order of the IJ. Chen v. Ashcroft, 376 F.3d 215, 222 (3d Cir. 2004). We use a substantial evidence standard to review factual findings, Tarrawally v. Ashcroft, 338 F.3d 180, 184 (3d
Petitioners raise two issues on appeal. First, they argue that they suffered past persecution, and therefore benefit from a rebuttable presumption that they will suffer persecution in the future. Second, they argue that the Board erred in concluding that they failed to establish a “pattern or practice” against ethnic Chinese in Indonesia.
Although the incidents that occurred in Indonesia, particularly the beating that led to the death of the husband and father of Petitioners, was very tragic, we cannot say that a reasonable factfinder would be compelled to find that the beating occurred on account of a protected ground, such as race or religion. Indeed, Jan testified that she did not know why the fight occurred, nor why her home was attacked. We further can find no fault in the IJ’s finding that Petitioners did not show that they would be singled out for persecution in the future.
Petitioners also argue that they will face a pattern or practice of persecution against ethnic Chinese if they are returned to Indonesia. However, Petitioners did not challenge the IJ’s finding that there was no pattern or practice of persecution of ethnic Chinese Buddhists in Indonesia in them brief to the Board. A.R. 91-97.
For the foregoing reasons, we will deny the petition for review.
. In this appeal, the petitioners challenge only the denial of withholding of removal. Thus, we will not discuss the denial of asylum and protection under the CAT.
We also note that the IJ granted both petitioners voluntary departure, and the BIA likewise gave the petitioners 60 days from the date of its order within which to voluntarily depart. Petitioners did not seek a stay of the voluntary departure period in this court.
. Petitioners do not contest this finding.
. The IJ also denied the request for protection under the CAT.
. In fact, "Petitioners do not contend that they would be singled out for persecution if they were to return to Indonesia.” Petitioners' Brief at 15.
. In their "Respondents’ Reasons for Appeal,” Petitioners stated, "There is no requirement for withholding that the applicant provide evidence that he or she would be singled out individually for such persecution if the applicant establishes that there is a pattern or practice in the country involved of persecuting persons similarly situated to the applicant, and the applicant establishes his or her own inclusion in and identification with such group. 8 C.F.R. §§ 208.16(h) and 1208.16(h).” However, this document did not provide any argument in support of a claim that Indonesia has a pattern or practice of persecuting ethnic Chinese, and Petitioners' actual brief to the BIA did not mention the pattern or practice claim whatsoever. The passing mention in the “Reasons for Appeal” was not sufficient to alert the Board that Petitioners challenged the IJ's holding on this issue.
Reference
- Full Case Name
- Linda Lienardy LIE Phoe Pek Jan v. ATTORNEY GENERAL OF the UNITED STATES
- Status
- Published