Nababan v. Garland, No. 18-72548 (9th Cir. 2021)Annotate this Case
The Ninth Circuit granted a petition for review of the BIA's decision denying petitioners' second motion to reopen their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The panel concluded that the Board erred by failing to assess petitioners’ individualized risk of persecution in Indonesia due to their identity as evangelical Christians. Although the Board correctly recognized that Christians in Indonesia are a disfavored group, the panel explained that the Board failed to account for petitioners' status as evangelical Christians or the evidence they presented indicating that evangelical Christians have experienced a particular increase in violence and persecution, beyond that experienced by Indonesian Christians in general. Accordingly, the panel remanded for the Board to assess whether country conditions in Indonesia have materially changed for evangelical Christians in particular, as distinct from Christians in general. The panel also remanded with instructions.