Marjorie Konda Lolong v. Alberto Gonzales, Attorney General

Good Law
400 F.3d 1215·2005 WL 627779
United States Court of Appeals for the Ninth CircuitMarch 18, 200503-72384California4,336 words

Opinion

Opinion

Fletcher, J.

Marjorie Konda Lolong seeks asylum. Immigration Judge (“IJ”) Miriam Hayward granted relief, but the Board of Immigration Appeals (“BIA”) reversed. We grant the petition for review because compelling evidence establishes that Lolong has a well-founded fear of future persecution on account of her Chinese ethnicity were she returned to Indonesia. Specifically, Lolong has demonstrated that Indonesians of Chinese ethnicity are a significantly disfavored group and that she is particularly at risk because she is also a Christian and a woman.

I.

Lolong has provided a voluminous record that documents ongoing discrimination and violence" against the ethnic Chinese minority in Indonesia. We commented in detail on the long history of ethnic Chinese-Indonesian persecution in a similar case, Sael v. Ashcroft, 386 F.3d 922 (9th Cir.2004). In Sael , we noted that there is a “cycle of waxing and waning violence” against ethnic Chinese-Indonesians. Id. at 929 . During periods of heightened social, economic, or political unrest, anti-Chinese sentiment erupts into wide-scale, se-vére violence, but even during periods of “relative calm,” ethnic Chinese-Indonesians suffer discrimination and…

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