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  • Koha v. Gonzales, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit denied Lise Adriani Koha's petition for review of the Board of Immigration Appeals' order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. The court found that substantial evidence supported the immigration judge's determination that Koha failed to establish past persecution in Indonesia on account of her religion, and therefore did not qualify for asylum. Koha abandoned her claims for withholding of removal and relief under the CAT by not raising challenges to the immigration judge's denial of these forms of relief in her brief.

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    Filed: 2006-04-18 Precedential Status: Non-Precedential Docket: 05-2267

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    The United States Court of Appeals for the Fourth Circuit denied Lise Adriani Koha's petition for review of the Board of Immigration Appeals' order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. The court found that substantial evidence supported the immigration judge's determination that Koha failed to establish past persecution in Indonesia on account of her religion, and therefore did not qualify for asylum. Koha abandoned her claims for withholding of removal and relief under the CAT by not raising challenges to the immigration judge's denial of these forms of relief in her brief.

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    5 views2 pages

    Koha v. Gonzales, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Lise Adriani Koha's petition for review of the Board of Immigration Appeals' order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. The court found that substantial evidence supported the immigration judge's determination that Koha failed to establish past persecution in Indonesia on account of her religion, and therefore did not qualify for asylum. Koha abandoned her claims for withholding of removal and relief under the CAT by not raising challenges to the immigration judge's denial of these forms of relief in her brief.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-2267

    LISE ADRIANI KOHA,


    Petitioner,
    versus
    ALBERTO R. GONZALES,
    Respondent.

    On Petition for Review of an Order of the Board of Immigration


    Appeals. (A97-623-399)

    Submitted:

    March 31, 2006

    Decided:

    April 18, 2006

    Before WILKINSON, LUTTIG, and MOTZ, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Howard T. Mei, LAW OFFICES OF HOWARD T. MEI, Bethesda, Maryland,


    for Petitioner. Peter D. Keisler, Assistant Attorney General, M.
    Jocelyn Lopez Wright, Assistant Director, Diane Kelleher, Office of
    Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
    Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Lise Adriani Koha, a native and citizen of Indonesia,
    petitions for review of a Board of Immigration Appeals order
    affirming without opinion the immigration judges decision denying
    her applications for asylum, withholding of removal and withholding
    under the Convention Against Torture.

    We deny the petition for

    review.
    The INA authorizes the Attorney General to confer asylum
    on any refugee.

    8 U.S.C. 1158(a) (2000).

    It defines a refugee

    as a person unwilling or unable to return to her native country


    because of persecution or a well-founded fear of persecution on
    account of race, religion, nationality, membership in a particular
    social group, or political opinion.

    8 U.S.C. 1101(a)(42)(A)

    (2000). Substantial evidence supports the finding that Koha failed


    to show entitlement to asylum because the past events that were the
    basis for her asylum application did not establish persecution.*
    Accordingly,

    we

    deny

    the

    petition

    for

    review.

    We

    dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the court and
    argument would not aid the decisional process.
    PETITION DENIED

    We note Koha has abandoned challenges to the immigration


    judges decision that she was not eligible for withholding from
    removal or withholding under the CAT. She did not raise challenges
    to these findings in her brief.
    - 2 -

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