Emini, Arta v. Gonzales, Alberto R.

247 F. App'x 812
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 10, 2007
Docket06-3669
StatusUnpublished

This text of 247 F. App'x 812 (Emini, Arta v. Gonzales, Alberto R.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emini, Arta v. Gonzales, Alberto R., 247 F. App'x 812 (7th Cir. 2007).

Opinions

ORDER

Arta Emini, a native Albanian, petitions for review of an order of the Board of Immigration Appeals affirming the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture. Because substantial evidence does not compel a finding that Emini suffered persecution or that she has a well-founded fear of future persecution, we deny Emini’s petition for review.

I. Background

In support of her application for asylum, Emini testified at a hearing before the Immigration Judge (“IJ”) to incidents of interrogation and physical abuse at the hands of the police and threats from university faculty arising from her involvement in the Albanian Demooratic Party, which was the leading opposition party in Albania. The IJ found that Emini testified credibly to these incidents but denied her application for asylum and withholding of removal because the incidents did not amount to past persecution and she had failed to demonstrate a well-founded fear of future persecution.

[814]*814Emini testified at the hearing to the following events. She became involved in Albanian politics in 1996 when she joined the Youth Forum of the Democratic Party of Albania. Emini also had associations with the Democratic Party through her father, who had been a member since the early 1990’s and who had held the position of party secretary in the village of Bulgarec. Because of her father’s affiliation with the Democratic Party and because her birthplace was in Bulgarec, Emini was appointed to the position of election observer to oversee the June 1997 polls in Bulgarec. The Socialist Party won the June 1997 election, however, remaining in power through the time that Emini fled from Albania to the United States in August 2001.

Emini entered college to pursue a nursing degree in 1997 and became a student organizer for the Youth Forum. It was here that she first experienced problems because of her political affiliation. Emini’s professors, who were sympathizers of the Socialist Party, advised her to give up her political activities and to focus her attention on her studies. In May 1998, the Vice Dean of the college threatened that he would prevent Emini from graduating and have her arrested if she continued her political involvement. Despite this threat, Emini graduated with a degree in nursing in 2001. She was unsuccessful in her attempts to find a nursing job following graduation, however, because the Socialist Party controlled the hospitals and would not hire members of the Democratic Party.

While attending the university, Emini’s involvement with the Youth Forum also came to the attention of the police. She and several friends were arrested and interrogated by the police and Albanian state intelligence service in September of 1998 because of their participation in a silent protest in memory of Azem Hajdari, the assassinated leader of the Democratic Party. During the interrogation, the police told Emini and her friends that they knew that they had organized the protest and that they would go to jail for doing so. The police then separated Emini and her friends, taking them to different rooms and questioning them for approximately half an hour. One officer forced Emini against a wall, hurting her left shoulder and the right side of her head. The officer used profanity and threatened her, trying to scare Emini into quitting her political activities. Emini and her friends were not imprisoned that day.

A year later, in September 1999, Emini went to the police station accompanied by her father in response to a summons requesting that she appear to clarify her political involvement. When she arrived, she was taken to a room where she was questioned for three hours by two men in civilian clothing about student plans and demonstrations to commemorate Hajdari’s assassination. During the questioning, the officers slapped Emini so hard that her nose bled and dragged her by hair. The officers also hit and bruised her legs with rubber sticks, threatened her life and the lives of her family members, and threatened to sell her into prostitution if she did not provide the information that they sought. After she was released, Emini did not seek medical attention for her injuries.

The following September, as local elections neared, Emini and several of her friends were returning from a campaign rally sponsored by the Democratic Party in another village when they were stopped by six police officers. The officers questioned them about where they had been and what they were doing. The officers threatened Emini and her friends, telling them that they would “get it in the neck” if they continued their political activities. The officers hit Emini in the face and dragged her by her hair. Her male [815]*815friends were punched in the face. The officers detained the group for an hour and then released them.

Emini was unable to vote in the local elections that September because her name, along with the names of her family members, had been left off of the list of registered voters. Emini believed that this was a tactic used by the Socialist Party to prevent members of the Democratic Party from voting in the election.

In October 2000, Emini was returning home from a protest challenging the Socialist Party’s alleged manipulation of the election results when she was forced into a car with individuals who appeared to be agents of the secret service. She was taken to the police station where she was placed in a room, punched in the face, and detained for three days. A family friend and doctor later treated Emini’s injuries at her home, and she took time off from school to recover.

Emini’s name was included on the list of registered voters by the time of the Parliamentary elections in June of 2001. She continued to participate in protests following this election. At a demonstration on July 15, 2001, Emini saw police openly beat protesters, place them in police cars, and arrest them. An agent of the secret service apprehended her, but her friends were able to extract her from his grip.

Following this incident, Emini stayed with friends because she feared that the police would come to her home. Two warrants for her arrest were sent to her home during this period. Emini did not report to the police station because she feared further harm at the hands of the police. Emini did not present the warrants to the IJ at the hearing because her father had torn them up and thrown them away. On August 20, 2001, shortly after her parents received the warrants, Emini left Albania; she arrived in the United States on August 25, 2001.

II. Analysis

Where, as here, the BIA affirms the IJ’s decision without an opinion, we review the IJ’s analysis directly. Moreno-Cebrero v. Gonzales, 485 F.3d 395, 398 (7th Cir.2007). We review the IJ’s decision under the deferential “substantial evidence” standard: “we require only that the decision be supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Gjerazi v. Gonzales, 435 F.3d 800, 807 (7th Cir.2006) (citation and internal quotation omitted). “It is irrelevant whether or not this court would have reached the same conclusion if in the IJ’s position.” Bejko v. Gonzales,

Related

Cite This Page — Counsel Stack

Bluebook (online)
247 F. App'x 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emini-arta-v-gonzales-alberto-r-ca7-2007.