Aleksander Vasili v. Eric Holder, Jr.

442 F. App'x 203
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 18, 2011
Docket10-3341
StatusUnpublished
Cited by1 cases

This text of 442 F. App'x 203 (Aleksander Vasili v. Eric Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aleksander Vasili v. Eric Holder, Jr., 442 F. App'x 203 (6th Cir. 2011).

Opinion

ALGENON L. MARBLEY, District Judge.

Petitioners Aleksander and Martha Vas-ili seek a review of a final order of removal entered against them by the Board of Immigration Appeals (“BIA”) on February 26, 2010. The BIA concluded that Petitioners had failed to produce reasonably available corroborating evidence to establish their claim, to prove that the harm they suffered constituted persecution, or to prove that there was a causal *204 nexus between the harm and a protected characteristic under 8 U.S.C. § 1101(a)(42). Petitioners contend that the BIA’s determination that Petitioners did not present adequate evidence to sustain their appeal was erroneous because the BIA ignored relevant evidence. Because Petitioners have failed to produce any evidence compelling reversal, we affirm the BIA’s decision.

I. BACKGROUND & PROCEDURAL HISTORY

A. Procedural History

Petitioner Aleksander Vasili is a citizen of the Republic of Albania and an Albanian national. He came to the United States on July 5, 2005, on a non-immigrant visa that authorized him to remain in the country until August 4, 2005. He applied for asylum on June 30, 2006 1 On November 29, 2006, the Department of Homeland Security (“DHS”) issued a Notice to Appear on January 17, 2007, to show why Petitioner should not be removed under 8 U.S.C. § 1227(a)(1)(B). Petitioner conceded his removability as charged, and moved before the Immigration Judge (“IJ”) that his application for asylum under Section 208(a) of the Immigration and Nationality Act be deemed a request for withholding of removal under Section 241(b)(3) of the Act. The IJ conducted a hearing and, on May 2, 2008, denied Petitioner’s application for asylum and withholding of removal.

Petitioner appealed the IJ’s decision to the BIA by filing a Notice of Appeal on May 30, 2008. The BIA dismissed Petitioner’s appeal on February 26, 2010. Petitioner then filed the appeal now before the Court.

B. Petitioner’s Claim

Petitioner was born on August 22, 1976 in Delvina, a small city in Albania, but is an ethnic Greek. He alleges that anti-Greek sentiment in Albania manifested in several incidents of persecution of Petitioner and his family and that he feared similar persecution were he to return to Albania.

Petitioner claimed to have been personally persecuted in a number of ways. He and other Greeks were harassed while serving in the Albanian Army, his store was burglarized and vandalized, his house was fired upon by automatic weapons, he was assaulted while at a religious service of the Greek Orthodox Church, his life was threatened while working on the political campaign of a Greek candidate, he was arrested and questioned about his activities during the period when he lived in Greece, and he was severely beaten. These events took place between 1996 and 2002.

In January of 2003, Petitioner moved to Greece but maintained a residence in Del-vina. In 2004, Petitioner claims that his house in Albania was ransacked and, while reorganizing his house, he was beaten by a group of three people. Back in Greece, Petitioner received threats on his life. After Petitioner moved to the United States in 2005, he returned to Greece for a long vacation. While there, his car was vandalized and his property stolen. He was also the victim of another assault.

Petitioner claimed that members of his family were persecuted, as well, including the arrest of his sister for teaching Greek language classes, the firing of his brother from his position at a bank, the firing of his sister from her position at City Hall, *205 and the illegal reclamation of family-owned land.

Finally, Petitioner supported his claim for asylum with evidence of general anti-Greek actions. He recalled that a series of attacks against Greeks in 1992 began when a group of Albanian adults beat Greek children and young adults in the central square of Delvina. The beating was prompted by the foundation of OMONIA, a Greek-rights advocacy organization headed by Petitioner’s brother. Petitioner additionally provided references to several neutral accounts of anti-Greek discrimination in Albania, the most recent of which dated from 2005.

C. The IJ’s Decision

The IJ rejected Petitioner’s claim that he would be persecuted based on his religion (Greek Orthodox), nationality (Greek), and membership in a particular social group (Greek Orthodox people) if he were returned to Albania. The IJ acknowledged that Petitioner’s testimony was largely consistent with his application for asylum, but concluded that the evidence overall lacked credibility because it lacked corroboration. In particular, the fact that the events Petitioner described were of the type readily corroborated by documentary evidence weighed heavily in the IJ’s conclusion. The IJ reasoned, moreover, that Petitioner had not proven that many of the incidents of persecution he described were in fact caused by his Greek heritage. Finally, the IJ found that the neutral materials documenting anti-Greek sentiment in Albania were out of date and outweighed by the more recent submissions from the Government.

On the basis of those findings, the IJ ruled as follows: (1) that Petitioner had not carried his burden of corroborating central facts; (2) that he had not shown a well-founded fear that he would be persecuted on the basis of his ethnicity if he returned to Albania; (3) that he had not carried his burden of proving that he had been persecuted in the past on the basis of his ethnicity; and (4) that he had not established a clear probability that he would be persecuted if he returned to Albania.

D. The BIA’s Decision

The BIA considered whether the IJ erred in finding that Petitioner lacked credibility, that he had not established past persecution, and that he had not established a well-founded fear or a clear probability of future persecution. 2 The BIA concluded that the IJ was supported in finding that Petitioner had not met his burden of proof or met his obligation to produce reasonably available corroborating evidence. The BIA additionally held that Petitioner failed to prove that the harm he suffered rose to the level of persecution or that the harm was caused by an impermissible act. As for the claim of future persecution, the BIA held that Petitioner’s allegations regarding future persecution were undermined by his voluntary visits to Albania.

II. JURISDICTION

We have jurisdiction over this petition for review of the Board of Immigration Appeals’ decision under 8 U.S.C. § 1252(a).

III. STANDARD OF REVIEW

Where the BIA adopts the IJ’s decision but adds its own reasoning or findings, we directly review both the BIA and the IJ’s *206

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442 F. App'x 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aleksander-vasili-v-eric-holder-jr-ca6-2011.