528 F.3d 88 (1st Cir. 2008), 07-2016, Santosa v. Mukasey

Docket Nº:07-2016.
Citation:528 F.3d 88
Party Name:Siono SANTOSA, Petitioner, v. Michael B. MUKASEY,[*] Attorney General, Respondent.
Case Date:June 11, 2008
Court:United States Courts of Appeals, Court of Appeals for the First Circuit

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528 F.3d 88 (1st Cir. 2008)

Siono SANTOSA, Petitioner,


Michael B. MUKASEY,[*] Attorney General, Respondent.

No. 07-2016.

United States Court of Appeals, First Circuit.

June 11, 2008

Submitted April 9, 2008.

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[Copyrighted Material Omitted]

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William A. Hahn and Hahn & Matkov, on brief for petitioner.

Jeffrey S. Bucholtz , Acting Assistant Attorney General, Civil Division, Anh-Thu P. Mai, Senior Litigation Counsel, and Jeffrey R. Meyer, Attorney, United States Department of Justice, Civil Division, on brief for respondent.

Before LYNCH , MERRITT,[**] and HOWARD , Circuit Judges.

HOWARD , Circuit Judge.

The petitioner, Siono Santosa, an Indonesian national, seeks judicial review of a final order of the Board of Immigration Appeals (BIA). The BIA upheld the Immigration Judge's (IJ) denial of his request for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Santosa argues that substantial evidence does not support the BIA's denial of his claims. Finding no basis for overturning the order, we deny the petition.

I. Background

Santosa entered the United States in April 2002 as a nonimmigrant visitor. In September of 2004, because he had overstayed his visa, the Department of Homeland Security initiated removal proceedings pursuant to 8 U.S.C. § 1227(a)(1)(B) . Santosa, in turn, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

In support of his applications, Santosa claimed he suffered persecution in Indonesia because of both his ethnicity and his religion-he is Chinese and a Christian. Because of this persecution, Santosa claimed he held a well-founded fear of future persecution. He described the persecution in testimony and in an affidavit that the IJ admitted into evidence. We summarize the evidence as follows.

At a young age, Santosa, who is now in his thirties, was bullied in Indonesia. When he was a third grader attending a Christian Baptist elementary school, other students asked him for money during recess and hit him if he did not provide it. Sometimes other students would bump Santosa's arm when he was trying to eat. Santosa was also bullied as a teenager. When he was fifteen, a group of around ten people attacked him, hitting him in the head numerous times. Santosa testified that he was bullied because he was Chinese and that his Chinese friends were similarly harassed.

After graduating from high school, Santosa was the victim of four robberies. One robbery took place while Santosa was traveling on public transportation. The perpetrator threatened Santosa with a knife and took Santosa's wallet and watch. A second

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robbery occurred while Santosa was traveling on business by car. In the early morning hours, he and his driver grew tired and parked on the side of the road to sleep. Soon thereafter, another car pulled behind them. The driver of this vehicle, after asking for directions, produced a weapon, pulled Santosa from his car, and demanded money. Santosa denied having any money. When the driver and an accomplice searched Santosa's car and found otherwise, they hit Santosa and stole some of his property. One of the assailants wore a Muslim headpiece. Santosa's driver, a Muslim, was unharmed.

A third robbery took place after Santosa was involved in a traffic incident. Traveling on a motorcycle, Santosa passed a slow-moving car. The car then sped up and passed Santosa. Santosa passed the car once again. After Santosa reached a barrier, the car pulled in front of him and the driver got out. The driver attacked Santosa, eventually calling over two other people who assisted the driver in beating Santosa. Though Santosa screamed, no one came to his aid and the assailants relieved him of his money. A fourth robbery occurred when a number of non-Chinese individuals forced Santosa to give them a ride in his car to a local soccer stadium. When exiting Santosa's car, the hijackers took his watch, mobile phone, and wallet.

Santosa testified that all of the robberies described above were motivated by his...

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