United States Ninth Circuit

The petition for review of the Board of Immigration Appeals' (BIA) decision denying asylum, withholding of removal, and protection under the Convention Against Torture, to petitioner, a Christian Indonesian citizen of Chinese descent, is granted in part, where: 1) petitioner's delay of several years in filing her application after an outbreak of anti-Chinese violence in 1998 was not reasonable; 2) substantial evidence supported the BIA's determination that anti-Chinese violence between 1999 and 2002 did not constitute changed country conditions to excuse her untimely application; but 3) the BIA erred by failing to take into account petitioner's infant daughter's death in evaluating whether she had suffered past persecution herself because harm to a child can amount to past persecution of the parent when that harm is, at least in part, directed against the parent on account of the parent’s race, religion, nationality, membership in a particular social group, or political opinion.

Appellate Information

• Decided 07/25/2013
• Published 07/25/2013

Judges

• WATFORD

Court

• United States Ninth Circuit

Counsel