Kurniawaty

Kurniawaty v. Holder

Good Law
350 F. App'x 127
United States Court of Appeals for the Ninth CircuitOctober 27, 2009No. 06-74958California335 words

Opinion

Lead Opinion

MEMORANDUM **

Kurniawaty, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny in part and grant in part the petition for review.

Substantial evidence does not support the IJ’s adverse credibility determination, because the IJ failed to point to inconsistencies in Kurniawaty’s testimony or offer other specific, cogent reasons for her disbelief of Kurniawaty’s Chinese ethnicity. See Garrovillas v. INS, 156 F.3d 1010, 1013-16 (9th Cir.1998); see also 8 C.F.R. § 1208.13 (a) (“The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration.”).

Substantial evidence supports the BIA’s finding that Kurniawaty failed to establish she suffered past persecution in Indonesia. See Nagoulko, 333 F.3d at 1016-18 . In analyzing Kurniawaty’s future fear, the BIA declined to apply the disfavored group analysis set forth in Sael v.…

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