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United States First Circuit


Datau v. Mukasey, 07-1996

In an action brought by a native and citizen of Indonesia claiming she experienced persecution based on her Christian beliefs and the incorrect perception that she is ethnically Chinese, petition to review decision denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied over claims of error that: 1) Board of Immigration Appeals' decision lacks support because it is based, in part, on the IJ's unclear credibility judgments; 2) petitioner presented substantial evidence of both past persecution and the likelihood that she would be subject to future persecution if forced to return to Indonesia; and 3) petitioner established grounds for withholding removal and protection under CAT.

Appellate Information

  • Decided 08/27/2008
  • Published 08/27/2008

Judges

  • LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, TASHIMA, and LIPEZ, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Jeanette Kain, Jeremiah Friedman, and Kaplan, O'Sullivan & Friedman for petitioner.

  • For Appellees:
  • Kristin A. Moresi, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director, for respondent.
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