Charles Kowaas v. Eric Holder, Jr.

MEMORANDUM

In denying asylum to Romy Alryt Pondaag, both the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) relied on Pondaag’s failure to meet his burden of showing that it would not be reasonable for him to relocate within Indonesia. 8 C.F.R § 1208.13(b)(2)(ii). Pon-daag’s opening brief does not dispute the internal relocation finding. Rather, he argues that the burden of persuasion should have shifted to the government because he demonstrated past persecution.

Both the IJ and the BIA concluded that Pondaag had failed to demonstrate past persecution. Pondaag points to three harms that he has faced because of his religion: (1) employment discrimination, (2) hindering of prayer meetings when neighbors threw rocks at his home, and (3) a bruise resulting from stones thrown at his back on one occasion. As noted by the IJ, Pondaag never sought medical treatment for his bruise, and no person was physically injured by the rocks thrown during prayer meetings. In fact, Pondaag was able to continue the prayer meetings, and his house did not suffer so much damage as to prevent him from continuing to live there.

We are unable to conclude that the record compels a…