Velihaj v. Attorney General of the United States

336 F. App'x 193
Court of Appeals for the Third Circuit·Decided July 8, 2009·No. No. 07-3584·Published

Opinion

OPINION

PER CURIAM.

Astrit Velihaj, a native and citizen of Albania and a member of that country’s Democratic Party, entered the United States in July 2001. He was charged as being removable pursuant to Immigration and Nationality Act (“INA”) § 212(a)(6)(A)(i) [8 U.S.C. § 1182(a)(6)(A)(i) ], based on his entry into this country without being admitted or paroled. Velihaj applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture, claiming that he feared persecution because two prominent mobsters had ransacked his home and threatened his life after he publicly identified them and a Socialist Party official as being involved in the illegal trafficking of women.

[195] The Immigration Judge (“IJ”) denied relief because Velihaj failed to demonstrate an adequate nexus between his fear of persecution and his political opinion, and because he did not show that the Albanian government was unable or unwilling to control his potential persecutors. The Board of Immigration Appeals (“BIA”) dismissed Velihaj’s appeal. The Board took administrative notice of the 2005 and 2006 State Department Country Reports, which documented the establishment of a witness protection program for organized crime cases, a 20-fold increase in the witness protection program budget, an absence of reports of police involvement in trafficking, and the Democratic Party’s victory in the 2005 general election. Because the more recent Country Reports did not support Velihaj’s claim, the Board rejected his argument that the IJ should have continued the proceedings pending publication of those Reports. This timely petition for review followed.

We have jurisdiction under INA § 242 [8 U.S.C. § 1252], Where, as here, the BIA both adopts the findings of the IJ and discusses some of the bases for the IJ’s decision, we review the decisions of both the IJ and the BIA. See Xie v. Ashcroft, 359 F.3d 239, 242 (3d Cir.2004). Our review of these decisions is for substantial evidence, considering whether they are “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Balasubramanrim v. INS, 143 F.3d 157, 161 (3d Cir.1998). The decisions must be affirmed “unless the evidence not only supports a contrary conclusion, but compels it.” Zubeda v. Ashcroft, 333 F.3d 463, 471 (3d Cir.2003) (quoting Abdille v. Ashcroft, 242 F.3d 477, 484 (3d Cir.2001)).

An applicant may demonstrate eligibility for asylum by showing either past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See INA § 101(a)(42)(A) [8 U.S.C. § 1101(a)(42)(A) ]. To establish a well-founded fear of future persecution, an applicant must (1) provide credible testimony showing a genuine subjective fear of persecution, and (2) demonstrate as an objective matter that “a reasonable person in the alien’s circumstances would fear persecution if returned to the country in question.” Lie v. Ashcroft, 396 F.3d 530, 536 (3d Cir.2005) (citation and internal quotation marks omitted). “[A] key task for any asylum applicant is to show a sufficient ‘nexus’ between persecution and one of the listed protected grounds.” Ndayshimiye v. Att’y Gen., 557 F.3d 124, 129 (3d Cir.2009). An asylum applicant, however, need not demonstrate that the protected ground was the exclusive motivation behind the alleged persecution.1 See Singh v. Gonzales, 406 F.3d 191, 197 (3d Cir.2005) (noting that in a mixed-motive case, an alien need only “show that the persecution was motivated, at least in part, by one of the protected characteristics”). Nevertheless, an applicant must provide some evidence of motive, whether direct or circumstantial. See Lie v. Ashcroft, 396 F.3d 530, 535 (3d Cir.2005) (citing INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)).

[196] In this ease, we believe that substantial evidence supports the conclusion that Veli-haj failed to establish a nexus between his political opinion and his fear of persecution. Velihaj claimed that he traveled to Greece on his own accord in June 2000 to investigate trafficking in women. While there, Velihaj interviewed trafficking victims and learned that two mobsters, who were “supported” by a Socialist Party official, controlled most of the prostitutes in Athens. After he returned to Albania and reported his findings to Democratic Party leaders, Velihaj was warned that the mobsters he had identified were looking for him and would kill him. He fled to Greece the next day. A few months later, an article about Velihaj’s investigation appeared in the Democratic Party newspaper “Naeionalisti.” The article named Velihaj, published his photograph, and reported the names of the traffickers that Velihaj had uncovered. The day after the article was published, the mobsters went to Veli-haj’s house, destroyed property, and told his family that they knew he was in Greece and that they were going to find him. Fearing for his life, Velihaj traveled to the United States.

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Velihaj v. Attorney General of the United States, 336 F. App'x 193 (3d Cir. 2009).

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