Gunawan
Gunawan v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Henny Gunawan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (BIA) order denying her application for asylum and withholding of removal. 1 We have jurisdiction under 8 U.S.C. § 1252 and we grant the petition.
The BIA’s determination that an individual is ineligible for asylum is reviewed for substantial evidence. See Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). Where the BIA expressly affirms the Immigration Judge’s (IJ) decision for the reasons set out by the IJ, we review the IJ’s decision. See Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995).
Because Gunawan did not experience past persecution, her eligibility for asylum rested upon a well-founded fear of future persecution. See 8 C.F.R. § 1208.13 (b). A well-founded fear must be “both subjectively genuine and objectively reasonable.” Mgoian v. INS, 184 F.3d 1029, 1035 (9th Cir.1999). The IJ determined that Gunawan had met the subjective prong of the well-founded fear requirement by testifying credibly that she feared returning to Indonesia. See Sael v. Ashcroft, 386 F.3d 922, 924 (9th Cir.2004). However, the IJ determined that Gunawan had not presented…