DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051515P.pdf 03/08/2006 Ming Ming Wijono v. Alberto Gonzales
U.S. Court of Appeals Case No: 05-1515
Agency
[PUBLISHED] [Bowman, Author, with Bye and Gruender, Circuit Judges]
Petition for review - Immigration. The court lacks jurisdiction to
review the BIA's decision that petitioner failed to establish grounds for
waiving the one-year filing requirement for asylum applications; nor
would court consider due process challenge to the denial of asylum as
that argument was raised for the first time in the petition for review, and
petitioner failed to exhaust his administrative remedies with respect to the
claim; petitioner failed to establish that there was a clear probability that
his life or freedom would be threatened on account of his Chinese
ethnicity or his Christianity if he returned to Indonesia, and the IJ did not
err in denying petitioner's request for withholding of removal; while it is
clear that violence against Chinese Christians persists in Indonesia, the
court could not say that such violence necessarily constitutes a pattern or
practice of persecution; BIA's conclusions that warranted denial of
withholding of removal also warranted denial of relief under the
Convention Against Torture.