CA1: Selya talks about discrimination and prosecution

Pulisir v. Keisler, No. 07-1356 denies the petition for review of a Protestant Indonesian.  He was absent from Indonesia for a large portion of the time.  The only issue on appeal with withholding of removal.  But, despite those waivers he does manage to get some traction.

Selya admits that findings of past persecution may be “inferred.”  He also points out that the Ninth Circuit has held that "[t]he more the group to which an applicant belongs is discriminated against, harassed, or subjected to violence, the less the individualized showing an applicant must make to establish eligibility for asylum."  While Selya says that this might be a way to go, he says that the petitioner didn’t explain how the agency made an error of law.