Ninth Circuit has jurisdiction to review BIA determinations
In LoLong v. Gonzales, the Ninth Circuit overturned its previous decision of Molina-Camacho v. Ashcroft, and finds it does have jurisdiction to review decisions of the Board of Immigration Appeals. Until passage of the REAL ID Act in 2005, persons aggrieved by a BIA decision could seek habeas review, but that option has been removed, prompting the Court to revisit its decision in Molina-Camacho.
Having determined it has jurisdiction, the Court affirmed the denial of asylum here. There was no evidence that the Indonesian government was unable, or unwilling, to protect Chinese Christians there from religious militant groups. Accordingly, LoLong’s fears of persecution were not objectively reasonable.
