Rojba v. Ashcroft

107 F. App'x 656
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 12, 2004
DocketNo. 03-1014
StatusPublished

This text of 107 F. App'x 656 (Rojba v. Ashcroft) 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
Rojba v. Ashcroft, 107 F. App'x 656 (7th Cir. 2004).

Opinion

ORDER

Gezim Rojba, a 20-year-old native of Albania, applied for asylum claiming past political persecution. An immigration judge denied his application, concluding that Rojba’s account was “too vague and unclear” to establish past persecution or a well-founded fear of future persecution. The Board of Immigration Appeals summarily affirmed, and Rojba petitions for review of the agency’s decision. Because the IJ’s order is supported by substantial evidence, we deny the petition for review.

From the 1940s until the 1990s, Albania was a Communist country with a harsh regime that repressed its citizens’ political and civil rights. See U.S. Department of State, Background Note: Albania (available at http://www.state.goV/r/pa/ei/bgn/ 3235.htm). After the fall of Communism in 1991, the Albanian government sought closer ties with the West and introduced some basic democratic reforms, including the multi-party system. Id. at 2. In 1992, Sali Berisha, the leader of the Albanian Democratic Party, became the country’s first democratically elected president. Id. at 3. Berisha’s presidency was characterized by a period of political and economic upheaval in Albania, and in 1997, the government essentially collapsed. Id. Later that year, a national election was held, and the Socialist Party prevailed, remaining in power for the next five years. Id. In 2002, a new president was sworn in, one nominally associated with the Democratic Party, although numerous members of the Socialist Party also occupy high-level government positions. Id.

In support of his request for asylum, Rojba claimed that he and several of his family members had been detained, beaten, and harassed by the Albanian secret police, called the “Shik,” as a result of their pro-democratic political activities in the 1990s. Many of Rojba’s immediate family members are currently in the United States: two of his uncles and his sister-in-law were granted political asylum; his brother is a permanent resident through the diversification lottery program; his sister is a naturalized citizen; and his parents have applied for permanent residency. Rojba claimed that he would be beaten, tortured, or perhaps even killed by the Shik if he were to return to Albania. The following account is taken from his testimony before the IJ:

Rojba’s family has a history of pro-democratic, anti-Socialist political activism. His uncle, Sefat, was active in demonstrations protesting the national elections of 1997, in which the Socialists prevailed, because many people believed the elections had been rigged. He was arrested several times by the Shik, and on one occasion was detained for 19 days and severely beaten. He fled to the United States and obtained political asylum. After Sefat obtained asylum, Shik agents paid “a lot of attention” to the Rojba family. In 1998, the Shik detained and severely beat another uncle, Fatmir, who was also active in pro-democratic politics. Fatmir also fled to the United States and obtained asylum.

[658]*658Rojba, his father, and his sister-in-law were also active in pro-democratic politics. When Rojba was a young teenager, he began assisting in his family’s political activities by distributing fliers and hanging posters. On January 31, 1998, Rojba, his father, and his sister-in-law were arrested after they participated in a public demonstration supporting hunger strikers who opposed the Shik. The police separated the three and interrogated Rojba, who was then 14 years old. They told him not to participate in any more demonstrations, slapped him in the face several times and struck him on the back with rubber batons, releasing him after about six hours. Rojba’s father and sister-in-law, Elona, who was then 17 years old, were held for several days and were beaten. A few months after they were released, Rojba’s father took Elona to the United States. Rojba’s father entered with a tourist visa, but Elona entered illegally. Upon her arrival, Elona sought — and eventually obtained — political asylum. Shortly thereafter, Rojba’s father returned to Albania to be with his wife and son, as he had only intended to travel to the United States to ensure Elona’s safe arrival.

Upon Rojba’s father’s return to Albania, the Shik continued to harass the Rojba family. In June 1998, Shik agents again arrested Rojba. They questioned him about why his father had traveled to the United States, ordered him to “help” the current government by informing on his family, and pointed a gun at his head. They released him after about nine hours. Rojba’s father was also arrested and beaten by the Shik several times between 1998 and 1999, and on one occasion, agents threatened to Mil Rojba if his father persisted in his political activities. In June 1999, the Shik again arrested Rojba, interrogating him for several hours about his family’s political activities, and in his words, “[t]hey beat me up so bad this time I thought I was going to die.” They warned him that if he did not begin cooperating, they would Mil him. In November 1999, Rojba was on his way home when someone driving a blue van “took a shot straight toward my house.” Believing Rojba was in danger, his father sent him to Greece, where he was able to obtain a tourist visa to the United States. Rojba arrived in the United States in December 1999, and approximately six months later he applied for political asylum.

At the IJ hearing, Rojba testified about his family’s political activities and his mistreatment at the hands of the Shik. Critical to this appeal, Rojba testified on both direct and cross-examination that his family members belonged to the Republican Party, a pro-democracy group that opposes the Socialist Party. He also testified that his family members did not support former Albanian president Sali Berisha, the leader of the Democratic Party. Rojba’s sister-in-law, Elona, also testified at the hearing. Although she corroborated Rojba’s account of their arrest following the hunger strike in January 1998, she offered conflicting testimony about the family’s political beliefs. Contrary to Rojba’s statements, Elona testified that the Rojba family belonged to the Democratic Party, not the Republican Party. She also testified, contrary to Rojba’s statements, that the family supported former Albanian president Sali Berisha. The government, on cross-examination, questioned Elona about Rojba’s testimony that the family had been active in the Republican Party, and asked if she could explain the discrepancy. Her only explanation was that the two parties had similar platforms, and that Rojba might have sympathized with the Republican Party, although she did not believe he was actually a member.

The IJ denied Rojba’s asylum application, noting the conflict between Rojba’s [659]*659testimony and that of his sister-in-law, and also observing that Rojba appeared unable to articulate his family’s political beliefs or identify the political party with which they affiliated. The IJ concluded that the evidence Rojba offered was too “weak and meager” to establish a claim for asylum, and that his account was “neither credible [n]or sufficiently detailed to provide a conclusion that the respondent was persecuted in the past.” The BIA summarily affirmed in a one-judge order, and Rojba timely petitioned for review with this court.

Because the BIA adopted the decision of the IJ, this court reviews the IJ’s order. See Oforji v. Ashcroft, 354 F.3d 609, 612 (7th Cir.2003); Toptchev v. INS,

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