CA1: First usurps foreign policy making power

Sunarno v. Mukasey, No. 07-2623 (9/25/08) (unpublished).  The petitioner is an Indonesian Catholic.  There was a late filing for asylum, and a petition to reopen.  Unfortunately, the First goes a little crazy and starts creating separation of powers issues, by relying on previous decisions that held.   This court has "repeatedly held that 'discrimination in Indonesia does not, without more, qualify a Christian Indonesian national for asylum.'" This is a prime example of the courts usurping the executive’s foreign policy prerogative.  Of course, since the executive doesn’t seem to mind when they get the result they want (a Christian sent back to face discrimination.)  Whatever the case, the courts assess individual facts, not the overall state of the Indonesian culture.