United States Tenth Circuit

IJ failed to explain why he discredited Indonesian alien's testimony that he was of Chinese ethnicity, failed to address the anti-Chinese violence in Indonesia, and improperly required that the alien's original motive for coming to the US be a fear of persecution; denial of asylum is reversed and remanded.

Appellate Information

• Decided 04/27/2004
• Published 04/27/2004

Judges

• HARTZ, Circuit Judge., Before EBEL, ANDERSON, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Carol B. Lehman, Lakewood, CO, for Petitioner., Mary A. Kenney, Nadine K. Wettstein, and Beth Werlin, American Immigration Law Foundation, Washington, D.C., on the brief as Amicus Curiae for Petitioner.


• For Appellees:
  
• Donald E. Keener, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., appeared by telephone conference (Emily Anne Radford, Assistant Director, and Allen W. Hausman, Senior Litigation Counsel, on the brief), for Respondent.