Locaj v. Gonzales

219 F. App'x 483
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 12, 2007
Docket05-3084
StatusUnpublished
Cited by3 cases

This text of 219 F. App'x 483 (Locaj v. Gonzales) 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
Locaj v. Gonzales, 219 F. App'x 483 (6th Cir. 2007).

Opinion

JULIA SMITH GIBBONS, Circuit Judge.

Petitioner Pjerin Ndue Locaj, an Albanian, appeals the denial by the Board of Immigration Appeals (“BIA”) of his petition for asylum pursuant to § 208 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1158, voluntary withholding of removal pursuant to § 241(b)(3) of the Act, 8 U.S.C. § 1231(b)(3), and withholding of removal pursuant to the United Nations Convention Against Torture (“CAT”), 8 C.F.R. § 1208.16. For the following reasons, we deny Locaj’s petition for review.

I.

Locaj’s petition for asylum arises from an incident in 1949 in which his father, a *484 member of anti-communist forces, killed Mark Mdue Shkurti, a communist soldier. Locaj claims that in 1958, after the communists came to power, prosecutors investigating the killing tortured his father. Ultimately, the prosecutors found his father innocent because there was no evidence against him.

Locaj alleges that since the abolition of the death penalty in Albania in 1997, individuals have resumed exacting revenge for killings of family members through blood feuds under the medieval Code of Lek Dukagjim. In early 2001, Locaj claims he was notified through an intermediary that Shkurti’s family had discovered his then-deceased father’s identity and was seeking revenge against Locaj and his family through a blood feud.

Locaj alleges minimal past persecution stemming from his political beliefs. Locaj claims to have been a member of the democratic party since 1991. He testified that he was politically active, made “big” financial contributions, and attended meetings. Despite these claims, Locaj failed to mention his political affiliation when asked on his asylum application. The only mistreatment that Locaj claims to have suffered due to his political beliefs is general ill-treatment by socialists. Specifically, Locaj claims that the reconciliation process to end the blood feud was somehow thwarted by socialists because of his political affiliation. Locaj testified, “It was not because of politics I — I came here. If it was for politics, I could have stayed there, but it’s because of the blood feud now, the revenge.”

To escape the alleged blood feud, Locaj departed Albania for the United States and submitted an application for asylum. The Immigration and Naturalization Service (“INS”) commenced removal proceedings against him. After a hearing, an Immigration Judge (“IJ”) denied Locaj’s applications for asylum, withholding of removal, and protection under the CAT because the IJ concluded that Locaj lacked credibility, did not belong to a category protected under the asylum statute, and had not demonstrated a well-founded fear of future persecution if he were to return to today’s Albania. The BIA adopted and affirmed the decision of the IJ, and Locaj filed a timely petition for review with this court.

II.

Where, as here, the BIA expressly adopted and affirmed the IJ’s decision, the IJ’s decision serves as the relevant focus of review except where the BIA added to that decision. See Denko v. INS, 351 F.3d 717, 723 (6th Cir.2003); 8 C.F.R. § 1003.1(e)(4). This court reviews the IJ’s factual determinations as to whether the alien qualifies as a refugee and as to credibility under a substantial evidence test. Yu v. Ashcroft, 364 F.3d 700, 702-03 (6th Cir.2004); Mikhailevitch v. INS, 146 F.3d 384, 388 (6th Cir.1998). Under the substantial evidence standard, the IJ’s decision must be “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Koliada v. INS, 259 F.3d 482, 486 (6th Cir.2001) (quoting INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)). The “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see Yu, 364 F.3d at 702.

Where an alien has failed to establish statutory eligibility for asylum, this court need not address the alien’s credibility. See Rreshpja v. Gonzales, 420 F.3d 551, 556-57 (6th Cir.2005). The Attorney General may grant asylum to an applicant who is a “refugee” within the meaning of the INA. 8 U.S.C. § 1158(b)(1)(A). The INA *485 defines “refugee” as a person who is unable or unwilling to return to his or her country of nationality because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101(a)(42)(A). An applicant can establish that he qualifies as a refugee either by showing that he has suffered past persecution on account of one of the qualifying grounds or that he has a well-founded fear of future persecution on account of one of the qualifying grounds. 8 C.F.R. § 1208.13(b).

To establish eligibility for withholding of removal to a designated country, an applicant must show that his life or freedom would be threatened in that country because of his race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1231(b)(3); Mikhailevitch, 146 F.3d at 391. To qualify for withholding of removal, the alien must demonstrate that there is a clear probability — i.e., that it is more likely than not— that he would be subject to persecution if he were to return to the designated country. Liti v. Gonzales, 411 F.3d 631, 640-41 (6th Cir.2005); Mikhailevitch, 146 F.3d at 391. Thus, “an applicant seeking withholding of removal faces a more stringent burden than what is required on a claim for asylum.” Pilica v. Ashcroft, 388 F.3d 941

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219 F. App'x 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locaj-v-gonzales-ca6-2007.