United States Tenth Circuit

Indonesian natives' petition for review of a final order of removal, which followed a denial of their application for asylum and related relief, is denied over claims that: 1) the BIA improperly engaged in de novo fact finding in concluding petitioner-husband did not suffer "past persecution" for purposes of seeking a restriction on removal; 2) he in fact suffered "past persecution" entitling him to such relief; 3) he also met the clear probability of future persecution for restriction on removal; 4) the BIA engaged in improper de novo factfinding in finding that he failed to show that he could not relocate to another part of Indonesia, negating his restriction claim; and 5) the BIA erred in affirming a denial of protection under the CAT.

Appellate Information

• Decided 09/21/2007
• Published 09/24/2007

Judges

• TYMKOVICH, Circuit Judge., Before HENRY, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Armin A. Skalmowski, Alhambra, CA, for Petitioners.


• For Appellees:
  
• Jesse Lloyd Busen, Attorney (Emily Anne Radford, Assistant Director, with him on the brief) Office of Immigration Litigation, Department of Justice, Washington, D.C., for Respondent.