Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
10-3-2006
Tjhin v. Atty Gen USA
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-5108
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Recommended Citation
"Tjhin v. Atty Gen USA" (2006). 2006 Decisions. Paper 368.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/368
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NOT PRECEDENTIAL
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-5108
SANDI SUTARDI TJHIN,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES;
SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY,
Respondents
_________________________________
On petition for review of a final order
of the Board of Immigration Appeals
File No: A95-467-065
_________________________________
Submitted pursuant to Third Circuit LAR 34.1(a)
on September 28, 2006
Before: RENDELL, ROTH, and
JOHN R. GIBSON,* Circuit Judges
(Filed: October 3, 2006)
______________________
OPINION OF THE COURT
_______________________
*
The Honorable John R. Gibson, Senior Circuit Judge for the United States Court
of Appeals for the Eighth Circuit, sitting by designation.
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PER CURIAM.
Sandi Sutardi Tjhin, a native and citizen of Indonesia, petitions for review of the
order of the Board of Immigration Appeals denying his application for asylum,
withholding of removal, and relief pursuant to the Convention Against Torture.
Tjhin failed to apply for asylum within a year of his arrival in the United States.
See 8 U.S.C. § 1158(a)(2)(B). The Immigration Judge found that there were no
extraordinary circumstances that would excuse the delay. See 8 U.S.C. § 1158(a)(2)(D).
The Board of Immigration Appeals adopted and affirmed the IJ's decision that Tjhin
failed to comply with the statutory deadline. Tjhin does not attack this finding, and in any
case, this court would have no jurisdiction to review such an attack on the Board's factual
or discretionary determinations as to timeliness of his application. 8 U.S.C. § 1158(a)(3);
Sukwanputra v. Gonzales, 434 F.3d 627, 635 (3d Cir. 2006).
Tjhin contends that he is entitled to withholding of removal because he was
persecuted on the basis of his Chinese ethnicity and he fears future persecution on that
ground. To be eligible for withholding of removal, Tjhin was obliged to show a clear
probability that his life or freedom would be threatened because of his race, religion,
nationality, membership in a particular social group, or political opinion. 8 U.S.C. §
1231(b)(3); INS v. Stevic, 467 U.S. 407, 429-30 (1984). The Board held that Tjhin failed
to prove a likelihood of persecution on a protected ground.
This court reviews the Board's factual findings under the substantial evidence test,
and we must uphold them unless any reasonable finder of fact would be compelled to find
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to the contrary of the findings. 8 U.S.C. § 1252(b)(4)(B); INS v. Elias-Zacarias, 502 U.S.
478, 481 n.1 (1992). Tjhin's testimony about the incidents of violence he experienced in
Indonesia does not compel a finding that the motivation for the incidents was ethnic
hatred, nor do the incidents show a pattern or practice of persecution of Chinese ethnics,
as opposed to random criminal activity. See Lie v. Ashcroft, 396 F.3d 530, 535-37 (3d
Cir. 2005).
Tjhin does not pursue his claim for relief under the Convention Against Torture.
We will deny the petition for review.
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