Daniel Ribowo v. Loretta E. Lynch
Dissenting Opinion
dissenting:.
I dissent. This case is another example of the cruelty that besets our immigration laws.
Daniel Ribowo came to the United States in 2000. For over sixteen years, he has worked to build his life here. He married his wife, Idapola, in California in 2002. Together, they have three United States citizen children: Michael (age 13), Maureen (age 10), and Meredith (age 8). These children were born in' the U.S. and have bright futures. The family is active in their Seventh Day Adventist Church: Daniel serves as the Deputy Director of the Pathfinders, where he mentors children at his church; Idapola teaches the bible study class for children under the age of five. They fear returning to Indonesia where
Despite the equities in this case, the government has declined to exercise prose-cutorial discretion and has chosen to prosecute Ribowo. In doing so, the government has effectively chosen to prosecute the whole family. Ribowo’s children will either grow up in America without their father or be compelled by circumstances beyond their control to move to a country that they do not know and where they will be in danger because they are Christians. I decline to be a party to such an unkind result.
Opinion of the Court
MEMORANDUM
Daniel Ribowo, a native and citizen of Indonesia, petitions for review of the denial by the Board of Immigration Appeals (“BIA”) to reopen his removal proceedings in light of changed country conditions. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
Ribowo’s motion to reopen was untimely. See 8 C.F.R. § 1003.2(c)(2). Thus, in order to prevail on the motion to reopen, Ribowo must “clear four hurdles: (1) he had to produce evidence that conditions
Although Ribowo is a member of a disfavored group in Indonesia (Christian Indonesians),
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
. Ribowo also asserts that he will be perceived as a "westerner” with United States citizen children. We have not recognized that a person with American ties qualifies as a member of a social group. Cf. Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010). Even so, Ribowo did not present significant changes in Indonesia with regard to anti-American sentiment. Although the Innocence of Muslims film was released in September 2012 and caused some uprising against Westerners, it was not significantly different from what Ribowo had previously claimed.
. Because we find that the BIA did not abuse its discretion by concluding that Ribowo failed to show changed circumstances sufficient to reopen his case, we need not address the BIA’s alternative conclusion that Ribowo did not show that he was prima facie eligible for asylum, withholding of removal, or protection under the Convention Against Torture.
Reference
- Full Case Name
- Daniel RIBOWO, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
- Status
- Unpublished