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Keywords

appealtestimonywillcivil rightsasylum
willasylum

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Perkovic v. Immigration and Naturalization Service

Facts

Vaso and Djela Perkovic, ethnic Albanians from Yugoslavia, entered the United States in 1986 and were charged with deportability. They requested asylum, citing their involvement in promoting civil rights for ethnic Albanians and the persecution they faced in Yugoslavia, including arrests and beatings due to their political activities. The immigration judge initially granted them asylum, but the Board of Immigration Appeals later reversed this decision, leading to the Perkovics' appeal.

The petitioners, Vaso Perkovic and his sister, Djela Perkovic, are Yugoslavian citizens of ethnic Albanian descent. They left Yugoslavia in 1986 and entered the United States without inspection on September 26 of that year.

Issue

Did the petitioners qualify as refugees eligible for asylum under 8 U.S.C.S. 1158(a) given their fear of persecution in Yugoslavia?

Did the petitioners qualify as refugees eligible for asylum under 8 U.S.C.S. 1158(a) given their fear of persecution in Yugoslavia?

Rule

A refugee is defined as a person unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, as per 8 U.S.C. 1101(a)(42)(A).

A refugee is defined as a person who is unable or unwilling to return to his home 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).

Analysis

The court found that the petitioners had a well-founded fear of persecution based on their political activities in Yugoslavia, supported by credible evidence of their treatment by authorities and the general conditions for ethnic Albanians in Yugoslavia. The court emphasized that the petitioners' testimony was consistent and detailed, providing a plausible account of their fear of persecution, which was corroborated by reports from international organizations regarding the treatment of ethnic Albanians.

The court found that the petitioners had a well-founded fear of persecution based on their political activities in Yugoslavia, supported by credible evidence of their treatment by authorities and the general conditions for ethnic Albanians in Yugoslavia.

Conclusion

The court granted the petition for review, reversed the Board's decision, and remanded the case, concluding that the petitioners were eligible for asylum and should not be deported.

The court granted the petition for review, reversed the Board's decision, and remanded the case, concluding that the petitioners were eligible for asylum and should not be deported.

Who won?

The petitioners, Vaso and Djela Perkovic, prevailed because the court found that they qualified as refugees eligible for asylum based on their well-founded fear of persecution in Yugoslavia.

The petitioners, Vaso and Djela Perkovic, prevailed because the court found that they qualified as refugees eligible for asylum based on their well-founded fear of persecution in Yugoslavia.

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