Mulyani v. Holder

Petitioner, a native of Indonesia, sought review of the BIA's decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner grew up a Christian in Indonesia, a majority Muslim-country. Petitioner contended that she would suffer religious persecution if forced to return to Indonesia. The court did not reach petitioner's argument that the statutory time bar under 8 U.S.C. 1158(a)(2)(B), does not preclude her application because the court lacked jurisdiction to decide whether she qualifies for an exception to the statutory time bar; the court rejected petitioner's remaining arguments because substantial evidence supported the BIA's determinations that her claims for asylum and withholding of removal cannot proceed because she failed to show that the Indonesian government was unwilling or unable to protect her; and CAT relief is unavailable to petitioner because she failed to show that, upon removal, she would likely endure torture by or with the acquiescence of the Indonesian government. Accordingly, the court denied the petition. View "Mulyani v. Holder" on Justia Law