Agustiawan v. Attorney General
Agustiawan v. Attorney General
Opinion of the Court
OPINION OF THE COURT
Agustiawan, a native and citizen of Indonesia, petitions for review of a final order of the Board of Immigration Appeals (“BIA”). For the following reasons, we will deny the petition for review.
I.
Agustiawan entered the United States in July 2001 and overstayed his visa. On April 18, 2003, he was issued a notice to appear for this reason, and on September 11, 2003, conceded his removability. On April 22, 2004, Agustiawan applied for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”),
Agustiawan owned a printing business in Balikpapan, and began doing business with the school in the 1980s. In 1995, he volunteered to teach the students silk-screening so as to give them job skills. The founder and leader of the school, Abdullah Said, approved of Agustiawan’s classes. Accordingly, he held classes — which also included computer skills — twice a week. According to Agustiawan, Abdullah Said died in 1997, and Kahar Muzakar gradually took over the daily administration of the school. His leadership proved to be much more radical than Said’s, and when Muza-kar noticed the students dressing in Western-style clothing, he blamed Agustiawan for teaching them Western ideas.
Agustiawan quit teaching at the school in 1999, but told the students that he would teach them for free at his office. Soon thereafter, Muzakar and others came to Agustiawan’s office, yelled at him, and destroyed his office equipment. After that, unspecified people repeatedly threw rocks and dead animals at Agustiawan’s house. Agustiawan also received two letters from unspecified people that threatened to kill him, and claimed that they had kidnapped his friend and would kill him if Agustiawan did not leave Balikpapan. He asserted that the police refused to act because they were afraid of the school (the police also suggested that he move away).
On December 7, 2005, the Immigration Judge (“IJ”) denied Agustiawan’s asylum application as untimely pursuant to 8 U.S.C. § 1158(a)(2)(B). The IJ also denied his applications for withholding of removal and relief under the CAT because the incidents he complained of did not amount to persecution, and because although he was “legitimately” fearful, he did not demonstrate that he would likely be persecuted if he returned to Indonesia. The BIA affirmed the IJ’s decision.
Agustiawan, through counsel, filed a timely petition for review that challenges only the decision denying his request for withholding of removal. The government opposes the petition.
II.
We must affirm the denial of withholding of removal
Persecution includes “threats to life, confinement, torture, and economic restrictions so severe that they constitute a threat to life or freedom.” Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir. 1993).
It has been recognized that “unfulfilled threats are generally ‘within that category of conduct indicative of a danger of future persecution.’ ” Li, 400 F.3d at 165 n. 3 (citing Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000)). Substantial evidence in the record supports the finding that Agustiawan did not demonstrate that it is clearly probable that he will be persecuted upon his return to Indonesia.
For these reasons, and after careful consideration of the record and the parties’ contentions, we will deny Agustiawan’s petition for review.
. United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85, implemented in the United States by the Foreign Affairs Reform and Restructuring Act of 1998, 8 U.S.C. § 1231.
. Agustiawan and his wife have a second son, who lives with them in the United States. Agustiawan testified that his wife did not testify at the removal proceedings because he did not tell her the extent of the threats against him because he did not want to frighten her.
. We have jurisdiction to review a final order of removal of the BIA under 8 U.S.C. § 1252(a)(1). See Abdulai v. Ashcroft, 239 F.3d 542, 547 (3d Cir. 2001). Here, in regard to the withholding of removal claim, the BIA stated only that: "In this case, we find no clear error in the [Uj's factual findings regarding the nature of the respondent’s past experiences ... and the likelihood of his being harmed in the future, and we agree that he is ineligible for the relief that he seeks.” Because the BIA did not adopt or defer to the IJ’s ruling, we restrict our review “to the question of whether the underlying record provides substantial evidence for the BIA’s conclusions.” See Voci v. Gonzales, 409 F.3d 607, 613 (3d Cir. 2005).
. Despite the government’s argument, it appears that Agustiawan’s brief challenges the IJ’s finding regarding past persecution as well as the likelihood of future persecution.
. The IJ found that the evidence was insufficient to demonstrate that the Hidayatullah network was still interested in him. Agustia-wan argues that this finding was in error because he is not required to show that he would be singled out for persecution. 8 C.F.R. § 208.13(b)(2)(iii)(A) and (B). However, this limitation applies only if there is a pattern or practice of persecution against — in this case — those who promote pro-Western thought to students of the Hidayatullah network. Agustiawan did not attempt to show, and the IJ did not find, that in general, such people were persecuted.
Reference
- Full Case Name
- AGUSTIAWAN v. ATTORNEY GENERAL OF the UNITED STATES
- Status
- Published