Rinaldi Joy v. Attorney General of the United States

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-2339
RINALDI JOY,
Petitioner
v.
ATTORNEY GENERAL OF
THE UNITED STATES,
Respondent
On Petition for Review of an Order of the
Board of Immigration Appeals
(Agency No. A96-203-370)
Immigration Judge: Honorable R.K. Malloy
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 25, 2009
Before: BARRY, SMITH and HARDIMAN, Circuit Judges
(Opinion filed: February 27, 2009 )
OPINION
PER CURIAM
Rinaldi Joy petitions for review of an order of the Board of Immigration Appeals

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Joy does not challenge the IJ’s conclusion that his asylum application was untimely.1
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(BIA). For the reasons below, we will deny the petition for review.
Joy, a native of Indonesia, entered the United States in November 2001. On April
21, 2003, Joy was charged as removable for overstaying his admission period. He
conceded removability and applied for asylum, withholding of removal, and relief under
the Convention Against Torture (CAT). Joy argued that he would be persecuted in
Indonesia based on his Muslim religion. After a hearing, the IJ found Joy’s asylum
application untimely, denied relief, and ordered Joy removed to Indonesia. The BIA
dismissed the appeal. Joy then filed a timely petition for review
We have jurisdiction under 8 U.S.C. § 1252. We may reverse the BIA’s decision
only if the record permits but one reasonable conclusion which was not the one reached
by the Board. I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 (1992). To be eligible for
withholding of removal, Joy must demonstrate that it is more likely than not that his life
would be threatened in Indonesia on account of race, religion, nationality, membership in
a particular social group, or political opinion. Tarrawally v. Ashcroft, 338 F.3d 180, 186
(3d Cir. 2003); 8 U.S.C. § 1231(b)(3)(A). To be eligible for relief under the CAT, Joy
must demonstrate that it is more likely than not that he would be tortured if removed to
Indonesia. 8 C.F.R. § 208.16(c)(2).1
Joy argues that his wife’s family members may hire someone to harm or kill him
because they lost money by investing in an unsuccessful business venture with him.

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He asserts that there was already tension between them because his wife was Catholic and
converted to Islam to marry him. Joy also points to the religious conflict between
Muslims and Christians in Indonesia as support for his claim that he will be persecuted on
the basis of his religion. However, as noted by the IJ, Muslims are in the majority in
Indonesia and Joy’s wife’s family was willing to invest with him despite his religion. We
agree with the IJ that Joy’s problems were purely personal. Joy cannot show that the
record compels a finding that it is more likely than not that he would be persecuted or
tortured if he is returned to Indonesia.
Accordingly, we will deny the petition for review.

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