United States Court of Appeals For the First Circuit No. 18-1937 SUSAN SUTARSIM, a/k/a Phan San San; RUDIJANTO LUKMAN; FELCIA LNU; JESSLYN LNU, Petitioners, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Lynch, Selya, and Barron, Circuit Judges. Kerry E. Doyle and Graves & Doyle on brief for petitioners. Laura Halliday Hickein, Trial Attorney, Office of Immigration Litigation, Joseph H. Hunt, Assistant Attorney General, Civil Division, and Shelley R. Goad, Assistant Director, Office of Immigration Litigation, on brief for respondent. May 1, 2020 LYNCH, Circuit Judge. In 2008, Susan Sutarsim applied for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT") for herself, her husband Rudijanto Lukman, and her two daughters, Felcia and Jesslyn.1 An immigration judge ("IJ") denied the application in 2011, and the Board of Immigration Appeals ("BIA") affirmed that denial in 2012. Six years later, in 2018, Sutarsim filed an untimely motion to reopen the family's removal proceedings, which the BIA denied. She now petitions for review of that denial. We deny the petition. I. Sutarsim and her family are natives and citizens of Indonesia. They were admitted to the United States on June 28, 2008, on six-month nonimmigrant visitor visas. On July 8, 2008, Sutarsim submitted an application for asylum, statutory withholding of removal, and withholding of removal under the CAT. The application alleged that the family faced harm in Indonesia based on their Chinese ethnicity and Buddhist religion. On January 8, 2009, the Department of Homeland Security issued a notice to appear charging the family as removable under 8 U.S.C. ยง 1227(a)(1)(B) for having overstayed their visas. In response, 1 Because the claims of Lukman and Sutarsim's two daughters are derivative of Sutarsim's claims, we refer to all four together as "the petitioner." - 2 - Sutarsim admitted the allegations in the notice to appear and conceded that the family was removable. On January 11, 2011, an IJ held a hearing on the merits of Sutarsim's asylum claim. Sutarsim and Lukman both testified, and the IJ found them both "generally credibl[e]." At the hearing, Sutarsim and Lukman testified as follows. Their family is ethnic Chinese. When Sutarsim was a child, other children at school would harass her by calling her Chinese and chasing her. In May 1998, radical Islamists terrorized the Chinese community in Indonesia. Sutarsim witnessed the Islamists' riots in Jakarta but was able to get home unharmed. On March 29, 2007, Sutarsim and Lukman were in their car and came upon an angry demonstration by an Islamic extremist group. One demonstrator touched their car, and Lukman rolled down the window and asked him to be careful. The demonstrator replied, "What's the problem, you Chinese? Get out." The demonstrators then attacked the car, breaking a mirror and cracking the front window. When Lukman then got out of the car, the demonstrators attacked him, stabbed him, and stole his wallet. Lukman required stitches on his chest. He later ...
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