Mee Hua Oey v. Gonzales

MEMORANDUM **

Mee Hua Oey, an ethnic Chinese, Christian woman from Indonesia, petitions for review of the denial of her claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Oey’s husband, Joko Surisno, and two of their three children, Scott William Surisno and Clifford Surisno, apply *920 for asylum as derivative beneficiaries of Oey’s claim. 1 Oey claims that she has a well-founded fear of future persecution on account of ethnicity and religion. The immigration judge (“IJ”) found Oey’s testimony credible, but held that her experiences of harassment and discrimination do not constitute past persecution and that the evidence of current conditions in Indonesia does not establish that her fear of future persecution is well-founded. The BIA summarily affirmed. We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition for review as to the asylum claim, deny the petition as to withholding of removal and CAT relief, and remand so that the Attorney General may exercise his discretion to grant asylum.

“Because the BIA summarily affirmed the IJ’s judgment without opinion, our review is of the IJ’s decision.” Tawadrus v. Ashcroft,…