CA1: two immigration denials

Two denials of petitions for review of the BIA.  One published.  One unpublished.   I give you permission to read on, but only if you really care.

• Nikijuluw v. Gonzales, No. 05-1452, denies a petition for review in an immigration proceeding.  The petitioner, from Indonesia, claimed religious persecution.  The IJ found that a number of bad things that happened to him had nothing to do with his religion, and that he just wasn’t credible.  Not sure why this was published.

• Sen v. Gonzales, No. 05-1336 (unpublished), also denies a petition for review.  Petitioner from 1) from Cambodia; 2) Khmer People National Liberation Front ("KPNLF"), the Democratic Liberal Buddhism Party ("DLBP"), and the Sam Rainsey Party ("SRP"), all of which opposed the incumbent Hun Sen regime; and 3) feared that he would be killed if he returned.  “Although the petitioner cites three incidents of having a gun pointed at him and one incident of receiving a threatening letter, he was not harmed in any of those confrontations, and the threat was not particularly credible and was never fulfilled even though petitioner remained in Cambodia for two and a half years after receiving it... Nor does the evidence compel a finding that the incidents where petitioner was held at gunpoint were motivated by his political party membership. ” Therefore, because he wasn’t persecuted because his political activity in the past, the IJ was justified in finding that it was unlikely to happen in the future