Tio v. Attorney General of United States, 070708 FED3, 07-3549

Docket Nº:07-3549
Party Name:MINE HUI TIO, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES
Case Date:July 07, 2008
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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MINE HUI TIO, Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES

No. 07-3549

United States Court of Appeals, Third Circuit

July 7, 2008

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) July 2, 2008.

On Review of a Decision of the Board of Immigration Appeals (Agency No. A79-324-966) Immigration Judge: Rosalind K. Malloy

Before: BARRY, SMITH and HARDIMAN, Circuit Judges

OPINION

PER CURIAM

Mine Hui Tio, a.k.a. David Andreas, an ethnically Chinese native and citizen of Indonesia, entered the United States in 1999. In 2001, the Government charged him as removable for overstaying his visa. Tio conceded the charge but sought asylum, withholding, and protection under the Convention Against Torture ("CAT").

Tio based his claims for relief from removal on his experiences as an ethnically Chinese Christian in Indonesia. Specifically, as a child in the 1950s and 1960s, he felt discriminated against and hated because of his ethnicity and religion. When he was in junior high school, native Indonesian teenagers three years his senior assaulted him and stole his wallet and watch. Tio could not attend government-run schools, so he attended Chinese schools until 1966, when the Indonesian government closed them. Also around that time, officials came to his house and forbade the practice of Chinese traditions and the use of the Chinese language. Despite being a native-born citizen, Tio felt very unwelcome in Indonesia because of the government's actions.

Tio took up his parents' livelihood in 1969. Running the family store in 1994, he was confronted by six native Indonesians armed with knives and stones. They forced him to turn over the day's receipts, approximately $1500. After that incident, Tio moved to another city to work in sales for his brother. However, one day when he was riding his motorcycle in 1995, two motorcyclists forced him to the side of the road and robbed him at knife-point of his money, watch, and bike. Also, on Christmas Day in 1996, four people approached him when he walking to church, called out epithets, and yelled that he should not be worshiping Jesus. Lastly, Tio witnessed the 1998 riots; although people attacked his car during them, he was able to drive away unharmed. In support of his claims about the dangers he would face if removed to Indonesia, Tio submitted the 2004 Department of State Human Rights...

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