Kasonso v. Holder, Jr., No. 10-9526 (10th Cir. 2011)Annotate this Case
Petitioner Arther Deyke Kasonso petitioned the Tenth Circuit to review of a Board of Immigration Appeals (BIA) order denying his motion for reconsideration. His petition raised a single, narrow issue: whether the BIA abused its discretion in declining to apply the "disfavored group analysis" adopted by some of the other circuits, to determine whether Petitioner was entitled to restriction on removal. Petitioner, a native and citizen of Indonesia, entered the United States in 1994 on a non-immigrant visa and overstayed his six-month authorization. He received a notice to appear, conceded removability, and filed applications for asylum, restriction on removal, and relieve under the Convention Against Torture. He alleged past persecution and a well-founded fear of future persecution in Indonesia because he is a Christian. After a hearing, an immigration judge denied his applications for relief from removal, but granted him voluntary departure. The BIA dismissed his appeal. Petitioner then filed a motion for reconsideration and request to reopen his case. Upon review, the Tenth Circuit found that Petitioner did not argue that the BIA failed to follow its established policy to apply Tenth Circuit precedent or misapplied that law in his case. Nor did he provide any other basis for us to conclude that the BIA abused its discretion in denying his motion for reconsideration. Accordingly, the Court affirmed the BIA's decision and dismissed Petitioner's request for review.