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DATAU v. MUKASEY

No. 07-1996.

540 F.3d 37 (2008)

Nofita Febriyana DATAU, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided August 27, 2008.

Attorney(s) appearing for the Case

Jeanette Kain, Jeremiah Friedman, and Kaplan, O'Sullivan & Friedman for petitioner.

Kristin A. Moresi, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director, for respondent.

Before LYNCH, Chief Judge, TASHIMA, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Petitioner Nofita Febriyana Datau, a native and citizen of Indonesia, sought asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"), claiming that she experienced persecution based on her Christian beliefs and the incorrect perception that she is ethnically Chinese. Both of these minority groups have repeatedly been victims of violent attacks in Indonesia. An Immigration Judge ("IJ") denied Datau's application...

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