Tjie
Tjie v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Nova Indrana Tjie, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition in part, grant in part, and remand.
In his decision, the IJ denied Tjie’s asylum application because he found that the discrimination and harassment she suffered did not rise to the level of persecution, and because country conditions in Indonesia had changed substantially, defeating her claim of a well-founded fear of future persecution. The IJ discussed the question of whether Indonesian women of Chinese descent are a protected group, but specifically left this determination to the BIA. The BIA summarily affirmed, leaving the issue unresolved.