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February 08, 2008

CA1: Indonesian Adventist fails in procedural challenge to the BIA

Rotinsulu v. Mukasey, No. 07-1516.  The petitioner is an Indonesian Adventist Christian.  The Judge is Selya.  It comes down to a withholding issue.  The petitioner says that IJ didn’t make some findings of fact, and the BIA found them.  Selya says that isn’t true, and besides the BIA has some ability to weigh evidence and whatever the case, any error was harmless. 

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