Kadri v. Mukasey (9/30/08)

Lynch, Stafford, TORRUELLA

Kadri timely applied for  asylum because of the persecution he suffered in Indonesia due to his sexual orientation.  Kadri was a factor in Indonesia who was effectively prevented from practicing because of rumors circulating within the medical community that Kadri was a homosexual.  The IJ found Kadri credible, found past persecution and granted asylum because he was deprived of the ability to make a living and found a reasonable person in Kadri’s position would have a fear of future persecution based on “an attitude, atmosphere and an environment of hostility towards the gay community, which is so discriminatory and so pervasive as to rise to the level of persecution”. 

DHS appealed and the BIA reversed the IJ ‘s opinion finding that economic deprivation was not enough for past persecution.  The BIA also stated that “closeted homosexuality is tolerated in Indonesia” and that as the State Department report on Indonesia did not include information on violence against homosexuals, there was not enough evidence of future persecution. 

The First Circuit noted that the BIA did not dispute the IJ’s finding that Kardi was a homosexual or that sexual orientation is a basis for seeking asylum as a member of a particular social group.  The BIA reversed the IJ’s finding that Kadri had not shown that the economic deprivation that he suffered on account of being homosexual amounted to persecution or that such deprivation would be future persecution.  Noting that the BIA and sister circuits had not been consistent in establishing what the standard was for a claim of economic persecution until the BIA’s decision in In Re T-Z, 24 I&N Dec. 163 (BIA 2007).  The Court remanded the case to the BIA to remand back to the IJ to evaluate Kadri’s case under the In re T-Z standard.

Comments

Add New Search

Write comment
Name:
Email:	do not notifynotify
Website:
Title:
UBBCode:	-color-aquablackbluefuchsiagraygreenlimemaroonnavyolivepurpleredsilvertealwhiteyellow -size-tinysmallmediumlargehuge
	Please input the anti-spam code that you can read in the image.

Powered by !JoomlaComment 3.12

Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.