Zef Pergega v. Alberto Gonzales

417 F.3d 623, 2005 U.S. App. LEXIS 15429, 2005 WL 1796191
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 28, 2005
Docket04-3479
StatusPublished
Cited by21 cases

This text of 417 F.3d 623 (Zef Pergega v. Alberto 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
Zef Pergega v. Alberto Gonzales, 417 F.3d 623, 2005 U.S. App. LEXIS 15429, 2005 WL 1796191 (6th Cir. 2005).

Opinion

*625 OPINION

RONALD LEE GILMAN, Circuit Judge.

Zef Pergega, an Abanian national, lawfully entered the United States as a visitor in 1999. In 2000, the Immigration and Naturalization Service (INS) served him with a Notice to Appear, charging Pergega with overstaying his visitor’s visa. Perge-ga conceded removability, but applied for asylum, the withholding of removal, and protection under the Convention Against Torture. His application was denied by an Immigration Judge (IJ), who determined that Pergega was not credible. Pergega’s subsequent appeal was dismissed by the Board of Immigration Appeals (BIA), which also concluded that he was not credible. For the reasons set forth below, we GRANT the petition for review, VACATE the decision of the BIA, and REMAND the case for further proceedings consistent with this opinion.

I. BACKGROUND

Pergega -is a political journalist with a background in newsprint and television. His father studied at a liberal arts institute in Italy, and, because of this, Pergega claims that he and his family were subjected to persecution during the time that the Communist Party governed Abania. In 1951, the family was sent to the mines near’ Rrubik, Abania for “re-education,” and Pergega lived there until his graduation from high school in 1971. He was then sent to work as a mechanic at the Fishing Department in Shengjin, Abania, where he claims that he was “under the surveillance and control of the employees of the government security, communists and members of the Communist Party.”

Pergega also began working as a newspaper reporter during this time. In 1988, he wrote an article criticizing Abanian agricultural policies. The Communist Party responded to this article by sending Pergega to a camp in Kashnjet, Abania for “ideological re-education.” By 1990, however, Pergega was again involved in political activity, this time working with anticommunist groups operating out of the city of Shkodra, Abania and writing pro-democracy newspaper articles.

Pergega was in Shkodra on January 4, 1990, the day before the bust of Joseph Stalin was to be toppled. According to his affidavit, the police came to his hotel room early that morning and took him to the police station for questioning. He was then “interrogated, beaten and tortured for three straight days.” Upon his release, Pergega was warned not to become involved with antigovernment activities. Pergega nonetheless continued his political activism, participating in a hunger strike and working in various capacities for the opposition Democratic Party. He also continued to work as a political journalist.

In February and March of 1991, Perge-ga was allegedly detained five times by the police and “suffered repeated interrogations, brutal beatings, torture, and maltreatment.” He was also detained by the police on April 2, 1991 and again on July 3, 1991. Pergega claims that he was handcuffed and beaten for several hours on the latter occasion.

The Democratic Party won an important election on March 2, 1992. Ater this shift in power, Pergega worked for a number of years at a Democratic Party newspaper. He also began working as a television journalist, producing and hosting news programs. Pergega was selected in 1996 by the Social-Democratic Union Party as a candidate for one of Abania’s electoral districts.

On March 3, 1996, an Abanian television station aired a program by Pergega that was critical of Abanian Muslims. That *626 night, two armed men came to Pergega’s house. They knocked on the door and, when he opened it, threatened to kill him. Pergega’s wife and son walked into the room, and, upon seeing the two men, started screaming and crying. One of the men ordered Pergega to tell his family to stop making noise; otherwise he would shoot Pergega. The other man purportedly told Pergega that “[i]f you ever criticize the Muslim community we will drop a bullet right in your mouth you stinking Catholic. And you better shut up.” Pergega also stated that he had received at least one threatening phone call warning him to withdraw his candidacy in the election.

On March 10, 1996, Pergega was again assaulted in his home by an armed intruder. This man told Pergega that “this is the best vote that you can get as a candidate,” and then pistol whipped Pergega, rendering him unconscious. Pergega was hospitalized and received treatment for internal bleeding and liver damage.

In March of 1997, the Democratic Party suffered a defeat. Shortly thereafter, on March 27, 1997, Pergega was accosted by three armed men. They forced Pergega into a nearby car and drove him to a city fortress on the outskirts of town. There, according to Pergega, “they beat me very much with their fists and kicked me and there was a point that I thought I was going to faint. My body was all bloody and bruised because of the beatings. About two hours later some one called their leader [on] the cell phone and they let me free telling me not to tell anything to the police.”

On June 19, 1998, Pergega was in the Socialist Party’s headquarters for the purpose of obtaining a calendar of upcoming political events. He was accosted by a young man who instructed Pergega to follow him. The man led Pergega to an isolated office, whereupon he pulled out a gun and forced it in Pergega’s mouth. He told Pergega that he had better not “write against Ndrec Pepa,” a local political candidate.

On September 2, 1998, “a group of criminal gangs put an amount of tritoli” in the building where Pergega’s office was located. (“Tritoli” is apparently a TNT-type explosive.) The resulting explosion made it impossible for him to use his office. In addition, Pergega claims that, on October 16,1998, an unknown assailant threw gasoline on his son and attempted to set him on fire.

Political hostility eventually forced Pergega from his job as a newspaper reporter, and he began working as a television journalist. On January 4, 1999, Pergega appeared in a television program that chronicled problems in the city of Shengjin. The next day, while going to the studio to prepare another program, Pergega was confronted by two men. He claims that they “began to attack me and struck me in the face, and severely bleeding in the face I fell into the equipment and the other man grabbed the camera and slammed it onto the floor, destroying it.” Pergega further contends that these men were working for the police.

On February 19, 1999, a television station in Lezhe aired a news program prepared by Pergega about the tearing down of a bust of the dictator Enver Hoxha. The next day, armed men came to Perge-ga’s apartment. Pergega claims that the men attempted to attack and sexually assault his wife, but that the arrival of some neighbors scared away the attackers. Pergega’s wife and children eventually sought psychological, as well as medical, help.

The next month, on March 14, 1999, the same television station aired a program prepared by Pergega that chronicled polit *627 ical killings in the country. After the program aired, Pergega claims that he was kidnapped by two men and taken to a police station in Tirana. He was allegedly beaten and placed in a small, isolated cell.

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Bluebook (online)
417 F.3d 623, 2005 U.S. App. LEXIS 15429, 2005 WL 1796191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zef-pergega-v-alberto-gonzales-ca6-2005.