Susanto v. Gonzales, 439 F.3d 57 (1st Cir. 2006). · Go Syfert
Susanto v. Gonzales, 439 F.3d 57 (1st Cir. 2006). Cases Citing This Book View Copy Cite
51 citation events (51 in the last 25 years) across 4 distinct courts.
Strongest positive: Panoto v. Holder, Jr. (ca1, 2014-10-22)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Panoto v. Holder, Jr.
1st Cir. · 2014 · confidence medium
Neither can be dismissed as a “hollow threat[ ],” Ang v. Gonzales, 430 F.3d 50, 56 (1st Cir. 2005), or merely “ugly, discriminatory, and regrettable,” Susanto v. Gonzales, 439 F.3d 57, 60 (1st Cir.2006).
cited Cited as authority (rule) Rebenko v. Holder
1st Cir. · 2012 · confidence medium
See, e.g., Morgan, 634 F.3d at 58 ; Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir. 2006); Topalli v. Gonzales, 417 F.3d 128, 132 (1st Cir.2005); Nelson, 232 F.3d at 264 .
cited Cited as authority (rule) Ghouri v. Holder
1st Cir. · 2010 · confidence medium
See, e.g., Ravix v. Mukasey, 552 F.3d 42, 44-46 (1st Cir.2009); Limani v. Mukasey, 538 F.3d 25, 31 (1st Cir.2008); Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006).
discussed Cited as authority (rule) Mejilla-Romero v. Holder (2×)
1st Cir. · 2010 · confidence medium
See Ravix v. Mukasey, 552 F.3d 42, 44-46 (1st Cir.2009) (holding that incidents including being "struck in the head by a stone” and threatened at gunpoint did not rise to the level of past persecution); Santosa v. Mukasey, 528 F.3d 88, 92-93 (1st Cir.2008) (holding that a series of incidents in which the Indonesian petitioner was targeted for his Chinese ethnicity, including being bullied as a child and adolescent, attacked by a group of ten people as a teenager, having rocks thrown at his store, and having his car destroyed, did not rise to the level of past persecution); Susanto v. Gonzale…
discussed Cited as authority (rule) Decky v. Holder
1st Cir. · 2009 · confidence medium
See, e.g., Datan v. Mukasey, 540 F.3d 37, 39-40 (1st Cir.2008) (no persecution where Indonesian of Christian faith, who appeared ethnically Chinese, experienced unwanted sexual advances and harassment from Muslim men, members of her church were threatened with death, her church was vandalized and set on fire, and her friend was raped in 1998 riots); Kho, 505 F.3d at 52-53 (no persecution where ethnic Chinese Indonesian of Christian faith was discriminated against by school administration, robbed by group of Muslims, and physically assaulted in the 1998 riots when a group of individuals looted …
discussed Cited as authority (rule) Suharso v. Attorney General of the United States
3rd Cir. · 2009 · confidence medium
Sombah v. Mukasey, 529 F.3d 49, 51 (1st Cir.2008) (“Discrimination in Indonesia does not, without more, qualify a Christina Indonesian national for asylum.”); Pulisir v. Mukasey, 524 F.3d 302, 308-309 (1st Cir.2008); Kho v. Keisler, 505 F.3d 50, 58 (1st Cir.2007); Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006). .
discussed Cited as authority (rule) Suharso v. Attorney General of the United States
3rd Cir. · 2009 · confidence medium
Sombah v. Mukasey, 529 F.3d 49, 51 (1st Cir.2008) (“Discrimination in Indonesia does not, without more, qualify a Christina Indonesian national for asylum.”); Pulisir v. Mukasey, 524 F.3d 302, 308-309 (1st Cir.2008); Kho v. Keisler, 505 F.3d 50, 58 (1st Cir.2007); Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006). .
discussed Cited as authority (rule) Pangemanan v. Holder
1st Cir. · 2009 · confidence medium
See Bocova v. Gonzales, 412 F.3d 257, 263 (1st Cir.2005); see also Budiono v. Mukasey, 548 F.3d 44, 48 (1st Cir.2008) (“To qualify as persecution, the harm to the petitioner must exceed ‘unpleasantness, harassment, and even basic suffering.’” (quoting Nelson v. INS, 232 F.3d 258, 263 (1st Cir.2000))); Susanto v. Gonzales, 439 F.3d 57, 60-61 (1st Cir.2006) (“[Pjersecution requires ‘more than mere discomfiture, unpleasantness, harassment, or unfair treatment.’ ” (quoting Nikijuluw v. Gonzales, 427 F.3d 115, 120 (1st Cir.2005))); see generally Sombah v. Mukasey, 529 F.3d 49, 51 (1…
discussed Cited as authority (rule) Budiono v. Mukasey
1st Cir. · 2008 · confidence medium
In Susanto v. Gonzales, 439 F.3d 57, 59 (1st Cir.2006), this court concluded that materially similar (indeed, arguably stronger) allegations of past persecution did not require a finding of persecution.
discussed Cited as authority (rule) Odmar v. Mukasey
1st Cir. · 2008 · confidence medium
See Sombah v. Mukasey, 529 F.3d 49, 50-52 (1st Cir.2008) (Christian Indonesian did *614 not establish past persecution where applicant hosted monthly prayer meetings and the attendees’ cars were vandalized, her church was burned down, her husband was threatened on a bus, and Muslim neighbors killed her dog); Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006) (Chinese Christian Indonesian did not establish past persecution where she was mugged, her home was vandalized during the 1998 riots, her church was bombed, and a Muslim crowd threatened and threw stones at her).
discussed Cited as authority (rule) Datau v. Mukasey
1st Cir. · 2008 · confidence medium
Her allegations of past persecution are in material respects equivalent to those in Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006), which we found inadequate to establish the requisite level of harsh treatment.
discussed Cited as authority (rule) Tropnas v. Gonzales
1st Cir. · 2008 · confidence medium
See 8 C.F.R. § 1208.13 (b)(l)(i)(B), (b)(2)(ii); Susanto v. Gonzales, 439 F.3d 57, 61 (1st Cir.2006) (denying asylum where one of petitioners testified that she and her family had safely relocated to uncle’s home during periods of strife); El Moraghy v. Ashcroft, 331 F.3d 195, 199 (1st Cir.2003) (noting evidence of ability to relocate may undercut well-founded fear of future persecution).
cited Cited as authority (rule) Rusli v. Gonzales
1st Cir. · 2008 · confidence medium
See, e.g., Attia v. Gonzales, 477 F.3d 21, 24 (1st Cir.2007); Susanto v. Gonzales, 439 F.3d 57, 59-61 (1st Cir.2006).
cited Cited as authority (rule) Sombah v. Mukasey
1st Cir. · 2008 · confidence medium
See, e.g., Pulisir v. Mukasey, 524 F.3d 302, 308-09 (1st Cir.2008); Kho, 505 F.3d at 58 ; Sus *52 anto v. Gonzales, 439 F.3d 57, 59-61 (1st Cir.2006).
discussed Cited as authority (rule) Tobon-Marin v. Mukasey (2×) also: Cited "see, e.g."
1st Cir. · 2008 · confidence medium
Further, even if petitioners had adduced evidence of a causal nexus, asylum applicants must also demonstrate that the actual harm inflicted on them reached “a fairly high threshold of seriousness, as well as some regularity and frequency,” Alibeaj v. Gonzales, 469 F.3d 188, 191 (1st Cir.2006), which requires them to relate experiences amounting to “ ‘more than mere discomfiture, unpleasantness, harassment, or unfair treatment,’ ” Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006) (citation omitted).
discussed Cited as authority (rule) Butt v. Keisler
1st Cir. · 2007 · confidence medium
“The baseline rule is that past persecution requires ‘more than mere discomfiture, unpleasantness, harassment, or unfair treatment.’ ” Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006) (citation omitted).
discussed Cited as authority (rule) Hana v. Gonzales
1st Cir. · 2007 · confidence medium
We have previously stated that mere harassment does not rise to the level of persecution, Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006), and that a finding of persecution requires more than unpleasantness or unfair treatment, Nikijuluw v. Gonzales, 427 F.3d 115, 120-21 (1st Cir.2005).
discussed Cited as authority (rule) Sipayung v. Gonzales
1st Cir. · 2007 · confidence medium
Rather, substantial evidence supports the IJ’s determination that although “[t]here do continue to be incidents of violence against Christians,” the government in Indonesia “is making significant efforts to curtail any terrorist activity.” See Susanto v. Gonzales, 439 F.3d 57, 60-61 (1st Cir.2006).
cited Cited as authority (rule) Pupella, Yvonne v. Gonzales, Alberto
7th Cir. · 2006 · confidence medium
See Wijono, 439 F.3d at 873-74 ; Susanto v. Gonzales, 439 F.3d 57, 60-61 (1st Cir.2006); Tulengkey v. Gonzales, 425 F.3d 1277, 1281-82 (10th Cir.2005); Lie, 396 F.3d at 537 .
examined Cited as authority (rule) Alibeaj v. Gonzales (4×) also: Cited "see", Cited "see, e.g."
1st Cir. · 2006 · signal: cf. · confidence medium
See Bollanos v. Gonzales, 461 F.3d 82, 86 (1st Cir.2006) (noting significance of changed circumstances in Albania and remedial measures taken by new government in 2003 to reduce police misconduct); Tota, 457 F.3d at 167 (observing that “ ‘[tjhough serious political repression existed in the past, there are no indications of systemic political persecution in Albania at the present time’ ”); cf. Susanto, 439 F.3d at 60-61 (observing that Indonesian government “has taken serious remedial measures” in response to intense international condemnation of 1998 anti-Chinese riots); Nikijuluw…
discussed Cited "see" June Budiarto v. Loretta Lynch
4th Cir. · 2015 · signal: see · confidence high
Finally, the agency’s rejection of Budiar-to’s past persecution claim, which was predicated exclusively on the bombing of Budiarto’s church on Christmas Eve of 2000, is not ‘“manifestly contrary to the law.’ ” Marynenka v. Holder, 592 F.3d 594, 600 (4th Cir.2010) (quoting 8 U.S.C. § 1252 (b)(4)(D) (2012)); see Susanto v. Gonzales, 439 F.3d 57, 59-60 (1st Cir.2006) (upholding denial of past persecution claim asserted by Indonesian petitioners based, in part, on church bombing by Muslim extremists).
discussed Cited "see" Mawa v. Holder
1st Cir. · 2014 · signal: see · confidence high
See Susanto v. Gonzales, 439 F.3d 57, 61 (1st Cir.2006) (“[T]he IJ reasonably concluded that, were petitioners threatened with ... harm, they reasonably might relocate to a safer part of Indonesia, such as the areas with a Christian majority.”).
cited Cited "see" El-Labaki v. Mukasey
1st Cir. · 2008 · signal: see · confidence high
See Susanto v. Gonzáles, 439 F.3d 57, 59-60 (1st Cir.2006); Nikijuluw v. Gonzáles, 427 F.3d 115, 120 (1st Cir.2005).
cited Cited "see" Wiratama v. Mukasey
1st Cir. · 2008 · signal: see · confidence high
See Susanto v. Gonzáles, 439 F.3d 57, 60 (1st Cir.2006).
cited Cited "see" Pulisir v. Mukasey
1st Cir. · 2008 · signal: see · confidence high
See id. at 59-60 .
discussed Cited "see" Andayani v. Gonzales (2×) also: Cited "see, e.g."
1st Cir. · 2007 · signal: see · confidence high
See Susanto v. Gonzales, 439 F.3d 57, 59 (1st Cir.2006) (affirming finding of no persecution where petitioners were subjected to vandalization of their home, bombing of their church, and threats from crowds); see also Bocova v. Gonzales, 412 F.3d 257, 263-64 (1st Cir.2005) (affirming finding of no persecution where petitioner suffered two police beatings within two years); Nelson v. INS, 232 F.3d 258, 263-64 (1st Cir.2000) (compiling cases; affirming finding of no persecution where petitioner was subjected to three episodes of solitary confinement, physical abuse, periodic surveillance, threat…
cited Cited "see" Damayanti, Chandra v. Gonzales, Alberto R.
7th Cir. · 2006 · signal: accord · confidence high
Accord, Susanto v. Gonzales, 439 F.3d 57, 60-61 (1st Cir.2006); Lie v. Ashcroft, 396 F.3d 530, 537-38 (3d Cir.2005).
cited Cited "see" Onwuamaegbu v. Gonzales
1st Cir. · 2006 · signal: see · confidence high
See Susanto v. Gonzales, 439 F.3d 57, 61 (1st Cir.2006). *408 C.
discussed Cited "see" Wijaya v. Gonzales
1st Cir. · 2006 · signal: see · confidence high
See Susanto v. Gonzales, 439 F.3d 57 (1st Cir.2006) (past persecution not shown where home of ethnic Chinese Indonesian was vandalized and Muslims threw stones at petitioner and fellow Christian worshipers).
discussed Cited "see" Sanusi, Kristanty v. Gonzales, Alberto
7th Cir. · 2006 · signal: see · confidence high
See Susanto v. Gonzales, 439 F.3d 57, 61 (1st Cir.2006); Wijono v. Gonzales, 439 F.3d 868, 874 (8th Cir.2006); Setiadi v. Gonzales, 437 F.3d 710, 714 (8th Cir.2006); Lie v. Ashcroft, 396 F.3d 530, 537 (3d Cir. *514 2005).
cited Cited "see" Lumaj v. Gonzales
1st Cir. · 2006 · signal: see · confidence high
See Susanto v. Gonzales, 439 F.3d 57, 59 (1st Cir.2006); Olujoke v. Gonzales, 411 F.3d 16, 21 (1st Cir.2005).
discussed Cited "see, e.g." Sihombing v. Holder
1st Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Susanto v. Gonzáles, 439 F.3d 57, 59-60 (1st Cir.2006) (past persecution not shown where home of ethnic Chinese Indonesian was vandalized and Muslims threw stones at petitioner and fellow Christian worshipers); Nelson, 232 F.3d at 263-64 (affirming IJ finding of no persecution even where petitioner placed in solitary confinement and physically abused).
cited Cited "see, e.g." Ruiz v. Mukasey
1st Cir. · 2008 · signal: see, e.g. · confidence medium
See, e.g., Susanto v. Gonzales, 439 F.3d 57, 60 (1st Cir.2006)..
discussed Cited "see, e.g." Teja v. Gonzales
1st Cir. · 2006 · signal: see also · confidence low
Past persecution is more than “unpleasantness, harassment, and even basic suffering.” Nelson v. INS, 232 F.3d 258, 263 (1st Cir.2000); see also Susanto v. Gonzales, 439 F.3d 57 (1st Cir.2006) (past persecution not shown where home of ethnic Chinese Indonesian was vandalized and Muslims threw stones at petitioner and fellow Christian worshipers).
Retrieving the full opinion text from the archive…
Inge SUSANTO, Petitioner,
v.
Alberto GONZALES, Attorney General of the United States, Respondent
04-2683.
Court of Appeals for the First Circuit.
Mar 9, 2006.
439 F.3d 57
Wei Jia, and Law Office of Wei Jia, on brief, for petitioner., Michael J. Sullivan, United States Attorney, and Jennifer C. Boal, Assistant United States Attorney, on brief, for respondent.
Boudin, Cyr, Lynch.
Cited by 36 opinions  |  Published
CYR, Senior Circuit Judge.

Inge Susanto and her husband Yudi Su-priady are natives and citizens of Indone[*59] sia, where they belonged to two minority groups: ethnic Chinese and Christian. [1] In 2002, the Immigration and Naturalization Service (INS) charged petitioners with removability, which they acknowledge. Petitioners applied for asylum, however, asserting that they suffered persecution in Indonesia on account of their ethnicity and religion.

At their hearing before an immigration judge (IJ), petitioners adduced as evidence of persecution, inter alia, the violent riots by Indonesia’s Muslim majority in 1998 against the Chinese minority, which resulted in many deaths, rapes, and serious injuries, and which prompted Susanto and her mother to wear face veils in public, so as to disguise their' ethnicity, and Susanto’s family to relocate from Jakarta to another part of the country for two months; the vandalization of the family home during their two-month absence from the capital, and the discovery upon their return that one of their Chinese neighbor’s daughters had been raped; an incident in 1998 during which two men confronted Susanto (then age 14) outside her school, called her a “Chinese snob,” and tried (but failed) to grope her; an incident during which Sus-anto and her mother were mugged at knifepoint on a city bus, and the mugger stated: “You Chinese, you die”; the discovery of an undetonated bomb at Susan-to’s church, and a subsequent bombing of the same church; and incidents in 1999 during which Muslim crowds threatened and threw stones at Susanto and her fellow worshipers.

The IJ denied petitioners’ asylum application, for failure to establish past persecution or a well-founded fear of future persecution in the event they were repatriated to Indonesia. See 8 U.S.C. § 1101(a)(42)(A); 8 C.F.R. § 208.13(b). Specifically, the IJ found that the alleged past incidents were not severe enough to constitute persecution, and that the prospect of future persecution was “small.” On appeal, the Board of Immigration Appeals (BIA) affirmed without separate opinion, and petitioners now appeal. See Olujoke v. Gonzales, 411 F.3d 16, 21 (1st Cir.2005) (noting that, on appeal from BIA’s summary affirmance, court of appeals directly reviews IJ decision).

We review the IJ decision only to determine whether its findings of fact that petitioners did not suffer from cognizable past “persecution” and did not confront a well-founded fear of future persecution are supported by “substantial evidence” in the administrative record. See Silva v. Ashcroft, 394 F.3d 1, 4 (1st Cir.2005).

Petitioners first assert that the IJ’s decision is unsupported because it fails to take into account the very serious incidents of ethnicity and religion-based persecution described by Susanto. Petitioners must bear the burden of proof as to their eligibility for asylum, see INS v. Cardoza-Fonseca, 480 U.S. 421, 423, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987), and we repeatedly have observed that harassment of the quality and degree experienced by petitioners simply does not compel a finding of persecution. See, e.g., Nelson v. INS, 232 F.3d 258, 263-64 (1st Cir.2002) (affirming IJ finding of no persecution even where petitioner was placed in solitary confinement and physically abused); see also Bocova v. Gonzales, 412 F.3d 257, 263-64 (1st Cir.2005) (same, two police beatings during a two-year period). The baseline rule is that past persecution requires “more than mere discomfiture, un[*60] pleasantness, harassment, or unfair treatment.” Nikijuluw v. Gonzales, 427 F.3d 115, 120 (1st Cir.2005). Although the harassment experienced by these petitioners certainly was ugly, discriminatory, and regrettable, they experienced no physical confinement and no serious physical injuries resulted.

Next, petitioners contend that the IJ erred in determining that they failed to establish a well-founded fear of future persecution because the IJ inappropriately confined his inquiry to whether the petitioners would be murdered or raped if they were to return, and required that petitioners prove more than a 10% risk of such future persecution. [2] The latter argument advanced by petitioners is premised on INS v. Cardoza-Fonseca, 480 U.S. 421, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987), where the Supreme Court noted that even as little as a 10% risk of occurrence might support a well-founded fear of future persecution. Id. at 431, 107 S.Ct. 1207. They contend that, contrary to the IJ’s interpretation of Cardoza-Fonseca, the Court did not suggest that the courts should utilize this 10% figure as an artificial benchmark. These arguments are unpersuasive as well.

The context of the IJ’s decision makes it clear that he did not mean to suggest that murder and rape were the only cognizable forms of future persecution. Rather, in juxtaposition to the alleged incidents of past persecution in this case, the IJ mentioned murder and rape simply as examples of the types of harm severe enough to constitute cognizable forms of future persecution. The IJ did not imply that only murder and rape rise to the requisite level of persecution.

Likewise, the IJ’s reference to Cardoza-Fonseca and the 10% formulation, read in context, does not provide a basis for reversal. While Susanto is correct that she is not required to show that her likelihood of suffering persecution is, as a mathematical matter, at least 10%, we do not take the IJ’s use of this formulation to require such a showing. The IJ’s mention of the formulation followed his statistical observation that Indonesia has “millions” of ethnic Chinese, whereas the casualties of the 1998 riots were in the “thousands” or “tens of thousands.” In this context, it is clear that the IJ simply intended to point out that the prospect of past and future persecution against these petitioners had been and would remain a “small one,” viz., considerably less than the 10% risk considered sufficient in Cardoza-Fonseca. The IJ never attempted to quantify the precise level of this “small” risk, nor does Cardoza-Fonseca require such precision. See Aguilar-Solis v. INS, 168 F.3d 565, 572 (1st Cir.1999) (citing Cardoza-Fonseca for its general holding that requisite risk is “somewhat less than the classic ‘more likely than not’ formulation,” and noting that “[bjeyond a tentative suggestion that a ‘reasonable probability’ of persecution may capture the essence of the legal standard, the Court has not been markedly more precise”).

These two challenged findings were supported by “substantial evidence” in the administrative record. The State Department Reports adduced by the government assert that the worst of the 1998 anti-Chinese violence occurred in the eastern parts of Indonesia (whereas Susanto lived in Jakarta, in the central region of the country), and that Indonesia, in response to intense international condemnation of[*61] the 1998 anti-Chinese riots, has taken serious remedial measures to reduce the risks of any recurrence. Indeed, Susanto herself testified that security officers are now posted at her church. Thus, it was entirely rational for the IJ to conclude that there presently exists but a small chance that petitioners would suffer serious harm were they to return to Indonesia. Moreover, the IJ reasonably concluded that, were petitioners threatened with such harm, they reasonably might relocate to a safer part of Indonesia, such as the areas with a Christian majority. Indeed, Susanto herself testified that the family fled to her uncle’s house in just such a safer region during the 1998 riots. See El Moraghy v. Ashcroft, 331 F.3d 195, 199 (1st Cir.2003) (noting that evidence of viable relocation option may undercut well-founded fear of future persecution); see also 8 C.F.R. § 208.13(b)(1)(i)(B).

Finally, petitioners now-argue, for the first time, that the IJ erred because he assessed the seriousness of the 1998 incidents experienced by Susanto as if she had been an adult, whereas a 14-year-old child may perceive an experience as persecutory, where an adult would not. She cites various guidelines for assessing the asylum claims of children. We do not address this issue, however, as these arguments were never raised before the BIA, thus are deemed waived on appeal, for failure to exhaust administrative remedies. See Opere v. INS, 267 F.3d 10, 14 (1st Cir.2001).

The petition for review is DENIED.

1

. Susanto is designated as the lead respondent in the case, since Supriady simply claims as a derivative spousal beneficiary of the asylum application submitted by Susanto. See 8 U.S.C. § 1158(b)(3).

2

. As petitioners failed to establish past persecution, no rebuttable presumption of future persecution was triggered, and petitioners bore the burden to prove a well-founded fear of future persecution. See 8 C.F.R. § 208.13(b)(1).