Oey

Oey v. Gonzales

Good Law
125 F. App'x 838
United States Court of Appeals for the Ninth CircuitApril 4, 2005No. 03-72044; Agency Nos. A75-601-246, A75-601-248, A75-601-249California384 words

Opinion

Lead Opinion

MEMORANDUM ***

Mediana Oey and her two minor sons, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s denial of her application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). We grant the petition for review, and remand.

Oey, an ethnic Chinese Christian, testified at her asylum hearing that during the May 1998 riots in Jakarta her store was looted and destroyed by mobs who shouted anti-Chinese threats. Two months later, after Oey fled Indonesia, her store was looted again by a mob and her husband received several telephone calls threatening to “Mil all the family” and “finish all you Chinese people.” The callers also threatened to rape Oey’s daughter who resides in the United States. Oey also testified that as late as 1999, her store was robbed again. In June 1999, a Chinese female friend of Oey’s was attacked in her car and robbed by natives yelling anti-Chinese remarks.

The record establishes that Oey has a well-founded fear of future persecution as a member of a disfavored group. See…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.