Pranvoku v. Attorney General USA

138 F. App'x 384
CourtCourt of Appeals for the Third Circuit
DecidedMarch 29, 2005
Docket04-1446
StatusUnpublished

This text of 138 F. App'x 384 (Pranvoku v. Attorney General USA) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pranvoku v. Attorney General USA, 138 F. App'x 384 (3d Cir. 2005).

Opinion

OPINION

MCKEE, Circuit Judge.

Zamir Pranvoku petitions for review of the Board of Immigration Appeals’ order affirming the decision of an Immigration Judge denying relief and ordering removal. For the reasons that follow, we will affirm the ruling of the BIA.

I.

Zamir Pranvoku is a citizen of Albania. In a hearing before the IJ, he testified that he participated in a peaceful demonstration in Albania in April, 1991, to protest the dictatorship and the outcome of recent elections. Pranvoku said that police raided the demonstration, killing four people, and that he and his brother were attacked as they tried to leave. After the demonstration, he went to his uncle’s house for a week so the authorities would not find him.

The Democratic Party in Albania was in power from March of 1992 until March of 1997. Pranvoku became a member in June, 1993. According to Pranvoku’s testimony, in June 1997, he participated in another anti-Soeialist rally and was again attacked by the police. Thereafter, in March of 1999, employees of the Socialist government/seeret police purportedly began pressuring his employer to fire him because of his membership in the Democratic Party. Pranvoku claimed that “Socialist bandits” accosted him and his father on the street in 1999, and told Pranvoku to end his association with the democratic party.

*385 Finally, Pranvoku testified that someone threw a “molotov cocktail” into his home, starting a fire, in January 2000. Pranvoku left Albania on May 27, 2000. Following his arrival in the United States he received a Notice to Appear, charging him with being removable because he was in the United States without having been admitted or paroled. See INA § 212(a)(6)(A)(I), 8 U.S.C. § 1182(a)(6)(A)(I). He thereafter applied for asylum, withholding of removal, and relief under the Convention Against Torture, alleging persecution based on, inter alia, his political beliefs.

Pranvoku conceded removeability before the IJ and the IJ denied his applications for relief following an evidentiary hearing. The BIA affirmed in a separate decision, and this Petition for Review followed.

II.

We have jurisdiction to review final orders of an administrative agency. 8 U.S.C. § 1252(a)(1). In reviewing the final order of the BIA, administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to reach a contrary conclusion. Dia v. Ashcroft, 353 F.3d 228, 247-48 (3d Cir.2003) citing 8 U.S.C. § 1252(b)(4)(B). We affirm the BIA’s decision if it is supported by “substantial evidence.” Substantial evidence “means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” N.L.R.B. v. Columbian Enameling & Stamping Co., 306 U.S. 292, 300, 59 S.Ct. 501, 83 L.Ed. 660 (1939). Our review of the BIA’s application of legal principles is de novo.

III.

To establish a claim for asylum or withholding of removal, an applicant must establish that he/she is a “refugee.” 8 C.F.R. § 208.13(a). A “refugee” is defined as:

[A]ny person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or 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 asylum applicant bears the burden of proving past persecution or a well founded fear of future persecution. 8 C.F.R. § 1208.13(a), Abdille v. Ashcroft, 242 F.3d 477, 482 (3d Cir.2001).

Past persecution requires a showing that one or more incidents rose to the level of persecution on account of one or more of the statutorily protected grounds. The persecution must have been committed by the government or by forces that the government was unable or unwilling to control. Navas v. INS, 217 F.3d 646, 655-56 (9th Cir.2000). A well founded fear of future persecution requires a showing of a well founded fear, which is “supported by objective evidence that persecution is a reasonable possibility.” Lin v. INS, 238 F.3d 239, 244 (3d Cir.2001). INA § 208 gives the Attorney General discretion to grant asylum to a deportable alien who meets the definition of a refugee. 8 U.S.C. § 1158(a) (emphasis added).

IV.

Pranvoku asserts that his due process rights were violated because he was not given the opportunity to supplement the record with testimony or an affidavit from his parents regarding his past persecution. Aliens facing removal are entitled to due *386 process. Abdulai v. Ashcroft, 289 F.3d 542, 549 (3d Cir.2001) citing Sewak v. INS, 900 F.2d 667, 671 (3d Cir.1990). In immigration proceedings, that process includes: 1) factfinding based on a record produced before the decisionmaker and disclosed, 2) an opportunity to argue on his or her own behalf, and 3) the right to an individualized determination of his or her claims. Id.

Pranvoku alleges that he was not able to fully develop his case before the IJ or the BIA because he was not allowed to present oral testimony or an affidavit to corroborate his claim. However, the IJ did not bar Pranvoku from presenting favorable evidence. Rather, the record establishes that the IJ gave Pranvoku an adequate opportunity to explain why he did not provide additional evidence, and Pranvoku can not now blame the IJ for his failure to present sufficient evidence to carry his burden.

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138 F. App'x 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pranvoku-v-attorney-general-usa-ca3-2005.