Blerim Haxhillari v. U.S. Attorney General

193 F. App'x 932
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 21, 2006
Docket06-10390
StatusUnpublished

This text of 193 F. App'x 932 (Blerim Haxhillari v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blerim Haxhillari v. U.S. Attorney General, 193 F. App'x 932 (11th Cir. 2006).

Opinion

PER CURIAM:

Blerim Haxhillari, a citizen of Albania, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) order denying asylum, 8 U.S.C. § 1158, and withholding of removal under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1281(b)(3), and the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”), 8 C.F.R. § 208.16(c). On appeal, Haxhillari argues that the I J’s findings that he did not establish eligibility for asylum, withholding of removal, or CAT relief are not supported by substantial evidence. We disagree and therefore DENY Haxhillari’s petition.

I. BACKGROUND

Haxhillari entered the United States on or about 12 January 2001, and, after inspection by an immigration officer, was not then admitted or paroled. According to an immigration officer’s report on the 1-213 form, Haxhillari stated that while in Albania, he had made plans to be smuggled into the United States for $6,000. Administrative Record (“AR”) at 256. Because Haxhillari spoke Greek, he decided to obtain a false Greek passport. On 3 January 2001, he flew from Albania to Mexico. Haxhillari further explained that “his reasons for leaving Albania [were] the unemployment and harsh living conditions.” Id. Haxhillari planned to travel to Detroit, Michigan, to locate his uncle and work there.

The Immigration and Naturalization Service (“INS”) 1 subsequently issued Haxhillari a notice to appear, charging him with removability, as an alien present in the United States without being admitted or paroled. In December 2001, Haxhillari filed an application for asylum and withholding of removal with the INS. In the application, Haxhillari indicated that he left Albania on 27 December 2000. Haxhillari explained that he sought asylum because:

my family and I were threaten[ed] that they will kidnap my youngest brother if we did not pay them money. I was working in Greece, so people were under the impression that I was making a lot of money so they wanted to take advantage of the situation. When I reported the incident to the police they did not take any action, [and] instead told us[,][“C]an’t you read at the bottom of *934 the threatening letter that you should not contact the police!?”] Thus [the] police [were] supporting these people. Since such incidents happened several times I am afraid for my life.

Id. at 260. Haxhillari further indicated that his parents supported the Democratic Party (“DP”), and that he and his family had been mistreated and threatened in Albania based upon their memberships in a particular social group and their political opinions. Specifically, Haxhillari stated that his “family was threatened based [on] my parents’ involvement in democratic party activities and local mob’s suspicion that I was making a lot of money.” Id. at 261. He also asserted that his brother, Urim Haxhillari, after going to the police station to report the receipt of threatening letters, had been arrested and detained for 24 hours. Haxhillari’s mother also went with Urim to the police station and “police misbehaved with [her].” Id. Discussing his trip from Albania to the United States, Haxhillari indicated that he spent a couple of hours each in Hungary, France, Belgium, and Spain before he arrived in Mexico, where he spent two weeks prior to entering the United States.

Haxhillari appeared for his initial removal hearing in August 2001 and conceded removability. At his final removal hearing, Haxhillari testified that he lived in Albania from his birth in 1980 until June 1996, when he moved to Greece at “the will of [his] parents.” Id. at 90-92. He returned to Albania in November 2000 to visit his family. Haxhillari indicated that his family began having problems in Albania during the election in October 2000. During that election, Haxhillari’s father was a member of the election commission for the DP and was an election observer in Tirane, Albania. His father joined the DP in December 1990 and people supported by the Socialist Party (“SP”) arrested him twice during the 2000 election campaign. 2 Haxhillari testified that his father was detained for 24 hours during each arrest, was beaten, and was ordered to stop supporting the DP.

Haxhillari further testified that the next problem occurred on 9 December 2000, when “unknown persons” sent him a letter stating that, if he did not “pay a certain amount of money,” he or his brother would be kidnaped or killed. Id. at 98. Haxhillari’s mother and brother then went to the police to report the letter, and the police told them to “come another time because we have bigger problems to take care of.” Id. at 99-100. On 13 December 2000, Haxhillari’s mother and brother again went to the police because his mother “was terrorized from this letter and she was very scared for her children.” Id. at 100-01. During this meeting, the police made jokes and asked Haxhillari’s mother whether she noticed that at the bottom of the letter, it stated not to contact the police. The police then “used force” to remove Haxhillari’s mother from the premises, which made Haxhillari’s brother angry. Id. at 101. The police next hit Haxhillari’s brother and detained him for two days. Haxhillari stated that his brother was not charged with any crime because the police did not have any facts.

On 15 December 2000, Haxhillari began walking to the police station because he hoped, but he did not know for certain, that his brother would be released that day. While Haxhillari was walking, five masked men stopped next to him, got out of the car, and beat him. Haxhillari stated that he knew the masked men were the *935 same men who sent him the threatening letter because “they said that you are a smart fellow. You are the one who reports us to the police.” Id. at 105-06. After the beating, witnesses took Haxhillari to the police station where he filed a report, and then he went to the hospital. Haxhillari testified that his father mailed him the original police report of the incident, which he submitted into evidence, and that the report was dated 10 February 2002. Haxhillari was hospitalized for ten days following the beating. He left the hospital on 25 December 2000, and began his trip to the United States on 27 December 2000 because he feared for his life.

Haxhillari also testified that, in addition to his father, his mother, two brothers, and he were members of the DP. According to Haxhillari, he joined the DP on 20 January 1996, as a member of the youth branch. Haxhillari stated that at the time he joined the DP, he paid his membership contributions in full for the five years that followed; specifically, he paid $12 in 1996 and he was paid up until 2000. He also stated that the monthly contribution at that time was approximately 20 cents.

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B
21 I. & N. Dec. 66 (Board of Immigration Appeals, 1995)

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Bluebook (online)
193 F. App'x 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blerim-haxhillari-v-us-attorney-general-ca11-2006.