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WIRANSANE v. ASHCROFT

No. 02-9555.

366 F.3d 889 (2004)

David WIRANSANE, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent, American Immigration Law Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 27, 2004.

Attorney(s) appearing for the Case

Carol B. Lehman, Lakewood, CO, for Petitioner.

Donald E. Keener, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., appeared by telephone conference (Emily Anne Radford, Assistant Director, and Allen W. Hausman, Senior Litigation Counsel, on the brief), for Respondent.

Mary A. Kenney, Nadine K. Wettstein, and Beth Werlin, American Immigration Law Foundation, Washington, D.C., on the brief as Amicus Curiae for Petitioner.

Before EBEL, ANDERSON, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Petitioner David Johanes Wiransane appeals a decision by an immigration judge (IJ), affirmed by the Board of Immigration Appeals (BIA), denying his claims of eligibility for asylum and for restriction on removal under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101, et seq. A native and citizen of Indonesia, Petitioner claims that he fears persecution in Indonesia because of anti-Chinese riots that erupted in that country...

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