Published Decisions
Lolong v. Gonzales, 484 F.3d 1173 (9th Cir. 2007)
Background: Indonesian
applicant, who was Christian and ethnically Chinese, petitioned for
review of order of BIA reversing determination of IJ that she was
eligible for asylum. Following grant of petition, 400 F.3d 1215,
rehearing en banc was granted.
Holdings: The Court of
Appeals held that:
(1) Court of Appeals had jurisdiction to
consider petition for review of BIA's reinstatement of removal order,
overruling Molina-Camacho v. Ashcroft, 393 F.3d 937, and
(2) fears expressed by applicant were not
objectively reasonable, and she thus failed to establish objective fear
of future persecution.