Vuktilaj v. Gonzales

188 F. App'x 461
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 12, 2006
Docket05-3873
StatusUnpublished
Cited by1 cases

This text of 188 F. App'x 461 (Vuktilaj 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
Vuktilaj v. Gonzales, 188 F. App'x 461 (6th Cir. 2006).

Opinion

PER CURIAM.

Liza Vuktilaj and her daughter, Laura Vuktilaj, are natives and citizens of Albania. They seek review of a decision by an Immigration Judge (affirmed without opinion by the Board of Immigration Appeals) denying their application for asylum, withholding of removal and relief under the Convention Against Torture. The IJ found that Liza Vuktilaj’s testimony lacked credibility and that she (and her daughter) had failed to establish a cognizable claim of past persecution or a well-founded fear of future persecution. We agree and deny the petition.

I.

Vuktilaj alleges that members and sympathizers of the Albanian Communist Party persecuted her and her family for supporting the Democratic Party. According to her testimony, she first became affiliated with the Democratic Party in 1989 while she was a student in Shkoder, Albania. In Shkoder, she was a general member of the party and participated in political demonstrations. After graduating in 1992, she returned to her home in Vermosh and became the party’s secretary for her village of 1,000 people.

On June 11, 1997, unidentified individuals destroyed her home by setting it ablaze. No one was ever charged with the crime, but someone purportedly told her that the Communists were responsible for the act. Traumatized by the destruction of her house, Vuktilaj ceased her political involvement; her husband, however, remained active in protests—a decision that, according to Vuktilaj, led to several episodes in which police beat and mistreated him. Her curtailment of her own political activity ceased with the September 14, 1998, assassination of Democratic Party leader Azem Hajdari. While protesting the assassination, Vuktilaj suffered bruises when the police—using force to halt the turmoil that the demonstration was causing—beat her and other protesters.

*463 On December 25, 1999, Vuktilaj’s daughter, who had been playing outside, came inside the house crying and told her mother that some people had threatened to kidnap her. The threatening strangers warned the girl that her parents “have committed a big mistake ... and they cannot, cannot get rid of [the] consequences.” JA 80.

On March 20, 2000, at a rally to celebrate the electoral victory of the Democratic Party, her husband was beaten again. And on August 5, 2000, Vuktilaj and her daughter left Albania for the United States. Attempting to enter the United States with fraudulent passports, they were arrested at the border. Vuktilaj conceded removability, but petitioned for asylum under § 208 of the Immigration and Nationality Act, withholding of removal under § 241(b)(3) of the Act and withholding of removal under Article 3 of the United Nations Convention Against Torture. After identifying material inconsistencies in Vuktilaj’s testimony, the IJ found that Vuktilaj was not credible and had failed to meet the requisite burden of proof for any of her claims for relief. See IJ Op. at 6 (detailing the inconsistencies in Vuktilaj’s attempt to qualify for asylum). Vuktilaj appealed to the BIA, and the BIA affirmed without opinion.

II.

When the BIA affirms an IJ’s decision without issuing an opinion, we review the decision of the IJ directly. Singh v. Ashcroft, 398 F.3d 396, 401 (6th Cir.2005). An IJ’s credibility determination must be upheld unless a reasonable adjudicator would be compelled to conclude to the contrary. Yu v. Ashcroft, 364 F.3d 700, 703 (6th Cir.2004).

A.

The Attorney General has discretion to grant asylum to an alien who is a refugee. 8 U.S.C. § 1158(b)(1). “Refugee” status attaches to any person who is outside of the country of her nationality and who is unable or unwilling to return to 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); Singh, 398 F.3d at 401. The asylum applicant bears the burden of demonstrating that she has suffered persecution or has a well-founded fear of future persecution. See Perkovic v. INS, 33 F.3d 615, 620-21 (6th Cir.1994). And that applicant may satisfy that burden with her own testimony “where the testimony is believable, consistent, and sufficiently detailed to provide a plausible and coherent account of the basis for [her] fear.” Id. at 621 (internal quotation marks omitted).

In this instance, the IJ found that Vuktilaj’s testimony was not credible. While we afford such a finding considerable deference, we still require it to be supported by specific reasons. Sylla v. INS, 388 F.3d 924, 926 (6th Cir.2004). If the discrepancies in the alien’s evidence cannot be viewed as attempts by the alien to enhance her claims of persecution, then the discrepancies do not bear on the alien’s credibility. Id. Minor and irrelevant inconsistencies thus cannot constitute the basis for an adverse credibility determination. Id.

“For the most part,” the IJ determined, “the respondent’s claim for political asylum has been deemed not credible and also not plausible. It appeared throughout the testimony that as the respondent was questioned about inconsistencies or improbabilities that she began embellishing her asylum claim.” IJ Op. at 11. The IJ based this determination on several material inconsistencies, including the following: (1) Vuktilaj initially declared that she *464 was arrested but by the end of cross-examination she acknowledged that she had never been arrested, jailed or detained but then later claimed that she had been detained twice, only to distance herself eventually from that modified claim as well; (2) Vuktilaj’s testimony that she decided to leave Albania because of the threat to her daughter conflicted with her statement at the border that she came to the United States to get together with her husband; (3) Vuktilaj’s testimony that she believed the Communists burned down her house conflicted with her statement at the border that she did not know who destroyed her house; (4) Vuktilaj’s statement at the border that she no longer had a home conflicted with her testimony that the Catholic church helped her to rebuild her home; and (5) Vuktilaj’s explanation for her failure to mention any instances of persecution at the border—that she was afraid the information would get back to the Communists in Albania—did not square with her claim that she came to the United States because it is a true democracy. Because these inconsistencies cut to the heart of her asylum claim and because the record supports each inconsistency, substantial evidence supports the IJ’s determination that Vuktilaj was not credible.

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Related

Vuktilaj v. Gonzales
209 F. App'x 484 (Sixth Circuit, 2006)

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Bluebook (online)
188 F. App'x 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vuktilaj-v-gonzales-ca6-2006.