Fran Drejaj v. U.S. Attorney General

192 F. App'x 847
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 8, 2006
Docket06-10095
StatusUnpublished
Cited by2 cases

This text of 192 F. App'x 847 (Fran Drejaj 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
Fran Drejaj v. U.S. Attorney General, 192 F. App'x 847 (11th Cir. 2006).

Opinion

PER CURIAM:

Fran Drejaj petitions for review of the Board of Immigration Appeals’ order adopting and affirming the immigration judge’s denial of his claims for asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). After review, we deny the petition.

I. BACKGROUND

A. Drejaj’s Arrival

On August 19, 2001, Drejaj, a native and citizen of Albania, arrived in the United States at the Miami International Airport seeking admission under the visa waiver pilot program. 1 Drejaj presented a false Slovenian passport.

Upon his arrival, Drejaj was interviewed by an Immigration and Naturalization Service (“INS”) 2 officer. In a sworn statement, Drejaj stated that he was a citizen of Albania and that the purpose of his entry was to apply for political asylum and to rejoin his wife and children who were living in Detroit and awaiting their own asylum hearing. Drejaj indicated that he had never been arrested and stated that he feared for his family’s safety in Albania because of “a mafia group or criminals on the street” who would kill a person if he did not give them money. When asked if he would like to add anything else, Drejaj replied, “I would like to ask political asylum.” The INS then initiated immigration proceedings by filing a Notice of Referral to an immigration judge (“IJ”).

B. Asylum Application

Drejaj filed an application for asylum, withholding of removal, and relief under the CAT, claiming persecution on account of his political opinion. Drejaj’s application stated that he feared for his life if he returned to Albania because he had been *849 threatened by members of the Socialist Party (“SP”) — the former Communist Party — due to his membership in the “Democratic Voting Commission.” Further, on October 1, 2000, the police came and beat up approximately twelve to thirteen people who belonged to the “Commission,” including Drejaj. They were beaten because the police wanted the SP to win and Drejaj and the other victims belonged to the Democratic Party (“DP”). The police beat Drejaj with rubber sticks, and he had to be treated at a local hospital for bruises on his back, arms, and shoulders.

Drejaj had been a member of the DP from 1990 until the time he left Albania in 2001. Drejaj also noted that his wife’s father was jailed in Albania for eight years for “political reasons,” that he feared persecution and torture upon being returned to Albania, and that he could be imprisoned or killed.

To supplement his application, Drejaj submitted a letter from the secretary of the Political Anticommunist Association (“PAA”), stating that Drejaj was a member of the PAA and had participated in anticommunist demonstrations as early as 1990. The letter detailed the Communist state security forces’ mistreatment of Drejaj in 1991 and 1998 and stated that Drejaj’s family had their land seized and “were denied the right of education, job, and shelter.” In addition, Drejaj submitted a letter from the Chairman for District Kelmend, stating that Drejaj was a resident of a village located in the district and that his family had been persecuted by the Communists. The letter stated that Drejaj had been one of the earliest activists in the democratic movement, and that when the SP came to power in 1997, he was a target of the police on account of his political activities. The letter further stated that Drejaj had his house searched several times and that, as a result of police mistreatment and threats, he was forced to leave the country.

Drejaj also submitted the U.S. State Department’s Country Reports on Human Rights Practices for Albania for the years 2000, 2002 and 2003. According to the 2003 Country Report: (1) Albania is a republic with a multiparty parliament headed by a prime minister; (2) the SP and DP held most of the seats in Parliament; (3) in October 2003, local elections were held throughout the country, which were judged to be an improvement over previous elections, with only a few isolated incidents of irregularities and violence; (4) although there were improvements, the government’s human rights record remained poor in some areas; (5) while the police occasionally arbitrarily arrested and detained individuals as well as reportedly used excessive force against protesters, there were no political killings, nor were there any reports of politically motivated disappearances; (6) the police sometimes used threats, violence, and torture to extract confessions; and (7) although the law required organizers to notify the police about gatherings in public places and the police could refuse to permit such gathering for security and traffic reasons, there were no reports of such denials being made arbitrarily, and the government generally respected the right of association. The other Country Reports, as well as other documentation on Albania that Drejaj submitted, were generally consistent with the 2003 Report.

The 2001 Profile of Asylum Claims and Country Conditions for Albania (“Asylum Profile”), submitted by Drejaj, stated that most claims based on political opinion are because of mistreatment of the applicants during the communist regime between 1945 and 1990, and that “[w]ith the socialist party currently leading a coalition government, it is highly unlikely in today’s *850 circumstances that many applicants will have credible claims to political persecution.” The Asylum Profile further stated that most asylum claims

are generally amplified by the assertion that a reconstituted communist regime has come to power. Claims relying on this premise are contradicted by virtually all state actions, and those who truly were persecuted by the communists often resent the comparison. Both major parties trace their roots to the communist regime and both repudiate it thoroughly. ... There is virtually no evidence that individuals are targeted for mistreatment on political grounds.

Finally, the Asylum Profile advised that “[adjudicators should explore all the motivations an applicant might have for requesting asylum, including family members already present in the United States____ It bears repeating the vast majority of asylum claims involve economic, not political considerations.”

C. The Asylum Hearing

At the asylum hearing, Drejaj testified that the Albanian government began persecuting his family in 1973, denying them basic human rights because his cousins had fled to Yugoslavia. Drejaj had been a member of the Anti-Communist Society of Albania since 1980, joined the DP on June 13, 2000, and was a member of the DP and the Electoral Commission. As a member of the Electoral Commission, his job was to prevent voting fraud.

During the October 2000 elections, approximately seven or eight policemen came to Drejaj’s voting station, took the ballots, and beat up twelve or thirteen individuals, including him. The police beat them because the police wanted to stay in power.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Xing Lin v. U.S. Attorney General
298 F. App'x 865 (Eleventh Circuit, 2008)
Roberto Paniagua v. U.S. Attorney General
268 F. App'x 846 (Eleventh Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
192 F. App'x 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fran-drejaj-v-us-attorney-general-ca11-2006.