Appellate Law

CA1: remand in Indonesian homosexual economic persecution case

By S. COTUS

Kadri v. Mukasey, Nos. 06-2599, 07-1754.  This is strange.  The petitioner is a gay doctor in Indonesia.  The IJ granted granted his petition.  The government appealed.  What the hell?  What the hell is OIL doing appealing this?  The BIA reversed on somewhat opaque grounds, saying that he was not physically injured.  They relied on State Department Reports that indicate that closeted homosexuality is tolerated in Indonesia.  The BIA seems to indicate that he was just economically oppressed, not physically oppressed.  The dissent would rather have determined whether there really was any economy persecution.  The First remands, holding that it wasn?t at all clear what standard the BIA was applying to past economic discrimination. 

Full post as published by Appellate Law and Practice on September 30, 2008 (boomark / email).