Natasha Angoucheva v. Immigration and Naturalization Service

106 F.3d 781, 1997 U.S. App. LEXIS 2280, 1997 WL 55362
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 11, 1997
Docket95-2370
StatusPublished
Cited by52 cases

This text of 106 F.3d 781 (Natasha Angoucheva v. Immigration and Naturalization Service) 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
Natasha Angoucheva v. Immigration and Naturalization Service, 106 F.3d 781, 1997 U.S. App. LEXIS 2280, 1997 WL 55362 (7th Cir. 1997).

Opinions

PER CURIAM.

Natasha Angoucheva, a Bulgarian woman of Macedonian descent, petitions for review of a final order of deportation that denied her applications for asylum and withholding of deportation. Adopting the findings and conclusions of the Immigration Judge (“IJ”), the Board of Immigration Appeals (the “BIA” or “Board”) determined that Angoucheva was ineligible for asylum because she had not established that she had been persecuted prior to leaving Bulgaria or that she had a well-founded fear of future persecution if returned there. In petitioning for review of that decision, Angoucheva argues that the Board did not fiilly consider her claim, and also that the evidence before the Board was sufficient to establish past persecution and a well-founded fear of future persecution. Because we are not confident that the Board fully considered vital aspects of Angoucheva’s claim, we grant the petition for review, vacate the Board’s order, and remand for further proceedings.

I.

A.

Angoucheva decided to leave Bulgaria in May 1990 after a State Security officer sexually assaulted her in the course of an interrogation at a State Security office. The interrogation involved Angoucheva’s political activities on behalf of the United Macedonia Organization (“UMO-Ilinden”), which was formed in 1990 to promote the rights of Macedonians living in Bulgaria. A month or two after the assault, Angoucheva booked herself on a private tour to the United States. She arrived in this country on July 12, 1990, and applied for asylum shortly thereafter. Angoucheva’s original asylum application did not detail the alleged persecution that is the subject of her current claim, yet at the hearing on her second application, Angoucheva offered the following explanation for the discrepancy. She explained that she could not speak English when she arrived in this country, and that she had sought the assistance of a Bulgarian woman she had met at the Immigration Office in completing her application. The woman had agreed to complete the application, but she had been in a hurry and never translated to Angoucheva what she had written. (Apparently, the woman had taken the necessary information from Angoucheva’s passport.) Although Angoucheva was later interviewed by an asylum officer, the woman from her church who acted as a translator during that interview did not speak the same dialect as Angoucheva and thus did not provide complete and accurate translations. The INS ultimately denied Angoucheva’s asylum application and initiated deportation proceedings.

Angoucheva then secured legal counsel, conceded deportability, and submitted a revised application for asylum, detailing for the first time the alleged persecution to which she had been subjected in Bulgaria. At the hearing on her revised application, the INS offered the earlier application into evidence and suggested that her present assertions were fabricated. Yet the IJ credited Angou-[784]*784eheva’s explanation for the discrepancies and found that her current claim was not “completely fabricated.” (Administrative Record (“AR”) at 57.) The IJ noted that this finding was “not tantamount ... to concluding that her claim is so inherently persuasive that it is entitled to full evidentiary weight” (id), but he did not specifically reject any portion of Angoueheva’s claim as not credible. Indeed, in discussing Angoucheva’s claim of past persecution, the IJ seemed to credit ail of her factual assertions. Despite the ambiguity in the IJ’s findings, the INS concedes here that the events underlying Angoucheva’s claim in fact occurred. (INS Br. at 18 (“No one disputes that [Angoucheva] was sexually assaulted and that as a result she suffers from post-traumatic stress disorder.”).) We accept that concession in describing the relevant events.

B.

Angoucheva grew up in Petrich, a town in the southwestern or “Pirin” region of Bulgaria that is home to many Macedonians.1 An-goueheva’s family was quite vocal in asserting its Macedonian ethnicity, and as a result, various family members encountered difficulties with Bulgaria’s Communist regime, which generally attempted to suppress, all assertions of a separate Macedonian identity. The first such-incident occurred in May 1970, when State Security officers forcibly seized Angoucheva’s father from the family home. It seems that her father, a grade school teacher in Petrich, had frequently lectured his students on Macedonian history using the Macedonian language. He also apparently had aided a Macedonian organization to which his brother belonged by typing a leaflet urging Macedonians to fight for their civil rights. When he was returned home approximately six hours later, Angoucheva’s father had been severely beaten. State Security officers also had forced him to sign a document promising to cease his pro-Macedonian activities. Angoucheva was subsequently taunted in school by students and teachers alike about her father’s political difficulties.

In the late nineteenth century, when the Ottoman Turks began relinquishing control over Macedonia, the territory was divided into four parts and incorporated into Bulgaria, Albania, Greece and Serbia. In Bulgaria, it is estimated that there are over one million people whose ancestors lived in Macedonia. A large majority of these people live in the Pirin region.

Angoucheva related various other occasions during the 1970s and 1980s when she or members of her family either were arrested, interrogated, or beaten for asserting their Macedonian ancestry. Angoucheva was herself interrogated at the State Security office in Sofia in December 1973 when the authorities suspected (correctly, it turned out) that she and her aunt had hidden Angoucheva’s uncle from police pursuing him on account of his pro-Macedonian activities.2 The interrogating officer accused Angoucheva’s entire family of regularly engaging in illegal political activities. When Angoucheva told the officer that she was proud to be a Macedonian, he threatened to have her arrested, yelling “There are no Macedonians in Bulgaria!” The officer eventually forced Angoucheva and her aunt to sign a document promising that they would stop calling themselves Macedonians.

Approximately five months later, Angou-cheva encountered on a Sofia street two State Security officers who had observed the December 1973 interrogation. When Angou-cheva was forced to tell the officers where she lived, one of them remembered her from the interrogation and promptly struck her on the side of the head, blackening her eye. The other officer then struck her hips and kicked her legs. The officers indicated that she would get more of the same if she continued to call herself Macedonian. Angoucheva was understandably reluctant after this incident to identify herself as Macedonian.

Although Angoucheva relies on these earlier incidents to point up the Bulgarian government’s general hostility toward citizens of [785]*785Macedonian descent, her claims for asylum and withholding of- deportation focus more specifically on events occurring shortly before her departure from Bulgaria. In November 1989, Communist dictator Todor Zhivkov fell from power, and the new Bulgarian government espoused its interest in ensuring human rights for all Bulgarians. It was in this environment that the UMO-Uin-den was founded in Petrieh, and Angoucheva quickly joined the organization in the hope that the new government could be persuaded to recognize Macedonians as a distinct ethnic group whose culture should not be suppressed.

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106 F.3d 781, 1997 U.S. App. LEXIS 2280, 1997 WL 55362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/natasha-angoucheva-v-immigration-and-naturalization-service-ca7-1997.