chinese christian woman from indonesia who was granted asylum in a thoughtful decision by immigration judge miriam hayward in san francisco only to lose her grant of asylum in a split decision by the board in sale this court recognized and examined in great detail the century long yes cyclical violence that the general population in indonesia which is predominately muslim has perpetrated against the ethnic level of individuals risk to prove how well founded fear for future persecution the immigration judge found that mr long was credible and the board did not question that finding the evidence in this record c really a program where against the ethnic chinese where tens of thousands of ethnic chinese were killed and there's a long spar there was detained at least twice by the indonesian military on one high school friends were attacked by indonesian muslim youths they were pulled out of their car one of them escaped the other one was raped at knife point she tried and she complained to the police the police did not help her and her friend tried to commit suicide afterwards for her uncle also after the riots while he was jogging in the early morning in jakarta in a predominately was in the united states her family church was threatened they received a bomb threat to her the record states that her parents go much less frequently to church her mother never goes alone  and they always lock their doors and windows when they go sixth missile launch mother in september of two thousand and nine the time for hearing hundreds of muslim demonstrators wearing white near their church waving flags and saying that they were intent on killing christians this is a i three one one seven as a young girl in this along was never allowed to go anywhere in jakarta unaccompanied by either her family or by friends aides despite these precautions frequently on her way to school ethnic indonesians insulted her touched  they pulled her shirt they called her a witch is a derogatory word for a chinese woman they called her slanted eyes she feared that if she were not accompanied by the boys from her school that they would do much wor e nine's her family lived generally isolated although they lived when she was there they lived in a mixed neighborhood they live generally isolated from ethnic indonesians and associated only  with other ethnic chinese when it terence when it when it came time for her to go to university she knew that because of the informal quotas that limit the number of ethnic chinese students she was sure that she wouldn't be admitted into a university with the quotas to say to limit the number of the students for them impose very large costs on chinese students so she like her two brothers want to study abroad and that's why she came to the united states and finally as far back as her grandparents in order to hide their recent immigration from china ms long's grandparents bring their birth certificate risk for her as a young ethnic chinese woman in her age group if if you're talking i would say no not every ethnic chinese but certainly every young ethnic chinese woman i would say yes on this record but the court doesn't have to reach that conclusion and i think the question is what is there something different this individual lies about her well founded fear in this case yes your honor and that's why i the the immigration judge found that she had not established past persecution in fact in stale i might have i would have argued that she had  the economy goes down in indonesia and mining begins she's at risk of being targeted harassment asylum is generally not available to victims of civil strife unless they are singled out on account of a protected ground this along has not suffered anything more than minor harassment she conceded act her hearing before the immigration judge which she did not suffer past persecution and that is what the immigration judge found and that fine is clearly supported by substantial evidence in the record in this lot not even challenge that they were just  without a presumption there is no presumption role that along with in the united states doing all this time contrary to what my opponent has said mr long has shown no nexus between chinese christian  ethnics and herself that she isn't any more risk than anyone else in china when she was a child people made they called her names on occasion sometimes they told gone on her shirt sleeve or touched her  the incident that referred to her father happened before she was ever born to her father that was nine hundred sixty seven thirty five thirty seven years ago it has not been repeated her father is gainfully employed her mother her father and her brother and most of her extended family still remain in indonesia in jakarta and they have not been subject to any harm this case is very much different than sale in that s herself was the focus of individual horn the house that sales were staying at the boarding house was stoned sale was in a taxi cab the crowd rushed and it was only by the grace of god that she was not pulled out of that taxi cab when cell took her child to the doctor to be immunised her neighbors rushed on the car broke off with a review mirror and i think a window wiper windshield wiper and make threats to her none of this has ever occurred in this case we have a young woman who simply saying i am an ethnic christian chinese i'm from indonesia therefore i am entitled to asylum that's not what the sale case states and she should not be granted asylum on those facts she simply has not shown any kind of a nexus between the disfavored group of chinese and an increased risk to herself she s to come into the united states there is no doubt and we can't contradict the record the government doesn't try that there hasn't periodic cyclical violence against the ethnic chinese but it we're talking that of a population of something like eight or doubt about it but she hasn't shown that she is in that category that she would be subject to very clearly if only sixty seven out of a very large population where many were not harmed and her family and that that constitutes harassment know that no constitutes possibly discrimination but that's a little bit different than persecution persecution is much more extreme concept what's the sphere of violence that doesn't talk about discrimination but that's persecution right but that's a fear of violence only if it's real there's no indication that church has ever been attacked now the question is this whether it's a well founded fear and the i j a credited her reach a conclusion as well atika so tell me i mean there was testimony about her family being in fear of going to church the testimony also was that the mother does go to church with the father and that the mother if the whole family goes together she feels safe parted i believe that this launch of the father was a subject of economic discrimination in point of fact he has a job with it i think of timber company the family is doing all right the family has remained there subsequent to the two thousand to the if you stare at least that there is a pattern and practice and then you are a member of the group which is now free in both persecution and discrimination you have to show that you are particularly other logical solution is all indonesian chinese christians are entitled to asylum now and there's that just the standard just as a last one for them as a group but in this case where there's been no harm to this regulation well you have to show that you remember that we can we with that ok but here and my understanding of your honest opinion in sale was not that she found a pattern and practice we did not find a pattern and practice in that case as a matter of fact if you take a look at the beginning of the response of the petitioners brief they almost cite the same things going back to the dutch yes the chinese are very well to do in indonesia they've had their problems on occasion nothing recently it's been not government sponsored extremism you know we're going to go after these people who do nothing the government may not have been able to protect some of the chinese  these many of the discriminatory laws against the chinese many of the and he appointed chinese to very high level positions in the economic in the government in economic fears are many of the chinese have come back they've been urging themselves to come back all of this is characterization say the government's not concerned certainly in some cases when there's a very large right the government has not been able to to protect i don't think that we're contesting that but it doesn't come to the extreme level  where the government is focusing on this where it keeps happening in government doesn't do anything the government has tried to do something they've passed regulations the country reports indicate that yes it's still quite community this is a little bit different in russia they were even trying to protect the jewish community they were encouraging it here is been trying to protect they've been trying to ease wars rather than restrict wars on the commu sometimes that's been successful sometimes not but clearly we haven't had the type of rights that we've had since one nine hundred ninety eight and the fact that the petitions family does feel safe is indicative by the fact that her brother here wasn't covered correctly and finally soldiers visited her home and asked about the family members of the united states she wasn't touched the level of a year of declining violence the government can show that conditions have changed from indonesia surely the board by starting simply the government's intention this is just not substantial evidence secondly the board said well sort of mis characterizing the immigration judge's decision said that you know the mere fact that violence against christians and in chinese christians continue and women continues to occur doesn't mean that she has a well founded fear in the absence of evidence that the indonesian government is willing and unable to control the perpetrators in this record there's plenty of conclusion that no reasonable adjudicator would have devalued the holding every movable under the i a e a or the convention against torture