Bicja v. Immigration & Naturalization Service

119 F. App'x 730
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 6, 2005
Docket03-3049
StatusUnpublished
Cited by2 cases

This text of 119 F. App'x 730 (Bicja v. Immigration & Naturalization Service) 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
Bicja v. Immigration & Naturalization Service, 119 F. App'x 730 (6th Cir. 2005).

Opinion

*732 COOK, Circuit Judge.

Petitioner Robert Bicja seeks review of a final order of removal. Because substantial evidence supports the IJ’s determinations, we deny the petition for review.

I. Facts

Bicja, a citizen of Albania, entered the United States as a non-immigrant visitor for pleasure. Bicja remained in the United States after his visa expired, and the INS initiated removal proceedings against him. Conceding removability, Bicja maintained that his eligibility for asylum warranted relief from removal.

Bicja testified that he and his family suffered mistreatment under the former Communist regime, including confinement in an internment camp for approximately seven years when Bicja was a young child. Years after his release from the camp, Bicja won admittance to Albania’s Art Institute. But the Institute expelled him after three weeks because it discovered his family’s past imprisonment.

Later, Bicja joined the youth forum of the Democratic Party and became active in the Democratic movement. Bicja also joined the Association of Formerly Politically Persecuted Democrats. 1 Bicja insists that he endured arrests and beatings, as well as an attempt on his life, because of his political involvement with these organizations.

Although the IJ viewed Bicja’s testimony “in the best light,” despite credibility concerns, he nonetheless concluded that Bicja failed to establish either past persecution or a well-founded fear of future persecution. Consequently, the IJ denied Bicja’s request for asylum. The IJ further found Bicja ineligible for withholding of removal and relief under the Convention Against Torture, but granted his alternative request for voluntary departure.

Bicja appealed the IJ’s decision to the Board of Immigration Appeals, which affirmed without opinion. Because the Board adopted the decision of the IJ in lieu of issuing its own opinion, we review the IJ’s decision as the final agency decision. Abay v. Ashcroft, 368 F.3d 634, 637-38 (6th Cir.2004); Denko v. INS, 351 F.3d 717, 726 (6th Cir.2003).

II. Analysis

A. Asylum

Bicja challenges the IJ’s denial of his request for asylum. We must uphold the IJ’s determination if “reasonable, substantial, and probative evidence on the record considered as a whole” supports it. Mikhailevitch v. INS, 146 F.3d 384, 388 (6th Cir.1998) (citations and internal quotation marks omitted). To demonstrate eligibility for asylum, an applicant must first prove that he qualifies as a refugee either because he suffered past persecution or because he has a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Id. at 389. If an applicant successfully establishes past persecution, he is presumed to have a well-founded fear of future persecution rebuttable only by a showing that country conditions “have changed to such an extent that the applicant no longer has a well-founded fear of being persecuted if he were to return.” Id. (citation and internal quotation marks omitted).

I. Past Persecution

The IJ concluded that Bicja failed to satisfy his burden regarding past perse *733 cution. Though he believed Bicja’s account of his arrests and beatings, he deemed Bicja’s assertion that political reasons motivated the incidents unconvincing. Applying the deferential substantial evidence standard, we may grant Bicja’s petition for review only if his evidence “ ‘not only supports a contrary conclusion, but indeed compels it.’ ” Id. at 388 (quoting Klawitter v. INS, 970 F.2d 149, 152 (6th Cir.1992)).

Here, the IJ doubted that the Democratic Party-powered government would target members of the youth forum of the Democratic Party or that the Association of Formerly Politically Persecuted Democrats was sufficiently political to incite the government to harm its members. Because nothing in the record compels us to reach a different conclusion, we must uphold the IJ’s determination. See Mullai v. Ashcroft, 385 F.3d 635, 638 (6th Cir.2004) (upholding denial of asylum where the applicant’s treatment by the government “could be reasonably viewed as motivated by her status as a protestor rather than religious persecution”).

2. Well-Founded Fear of Future Persecution

The IJ similarly rejected Bicja’s claim that he feared future persecution. Because Bicja failed to establish past persecution, he retained the burden of proving a well-founded fear of future persecution that was both subjectively genuine and objectively reasonable. Mikhailevitch, 146 F.3d at 389. The IJ concluded that changed country conditions in Albania prevented Bicja from satisfying this burden. Specifically, the IJ noted that the Socialist Party now controls Albania and that Bicja presented no evidence that the current Socialist leaders persecute members of the political groups to which Bicja belonged.

The United States Department of State country reports, included in the administrative record, support the IJ’s conclusions. Bicja disputes the reports’ characterization of conditions in Albania. But this circuit has recognized that such reports generally represent “the best source of information on conditions in foreign nations.” Mullai 385 F.3d at 639 (citation and internal quotation marks omitted). Accordingly, we have relied on them when reviewing an IJ’s decision, notwithstanding their imperfections. Id. Doing so here, we agree that Bicja “has not demonstrated that the current government controlled by the Socialist Party would target [him] for persecution,” Id. We must, therefore, uphold the IJ’s determination that Bicja failed to establish a well-founded fear of future persecution.

Because substantial evidence supports the IJ’s conclusion that Bicja neither suffered past persecution nor has a well-founded fear of future persecution, it follows that the IJ correctly denied asylum. 2

B. Due Process

Bicja also argues that the IJ violated his due process rights by cutting off his testimony, questioning Bicja from the bench, disallowing a witness’s testimony, and demonstrating bias. We review de novo Bicja’s due process claims premised on the IJ’s hearing procedures. Castellano-Chacon v. INS,

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119 F. App'x 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bicja-v-immigration-naturalization-service-ca6-2005.