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Keywords

asylumvisasustainedliens

burden of proofasylumliens

Related Cases

Vasili v. Holder

Facts

Kosta Vasili, a native of Albania, and his family sought asylum in the U.S. after experiencing two incidents in Albania that they claimed were politically motivated. The first incident involved their daughter Kleopatra being injured when a grenade was allegedly thrown into their yard, and the second involved Kosta being beaten by men who warned him to stop his political activities. Despite these incidents, the family did not report them to the police and later left Albania for Greece before entering the U.S. on visas that they subsequently overstayed.

Kosta was born in Finiq, Albania in September of 1961 and he and Androniqi married in 1992. Kosta did not have a good life under Communist rule, and in March of 1992 he became involved with the founding of Albania's Democratic Party. Kosta assisted the fledgling political party by traveling to various villages handing out flyers, 'pretty much advertising for the new party.'

Issue

Did the BIA and IJ err in denying the aliens' application for asylum based on past persecution and well-founded fear of future persecution?

Rule

An applicant for asylum must show either past persecution or a well-founded fear of future persecution, and the presumption of well-founded fear may be rebutted by evidence of fundamental changes in circumstances.

Pursuant to 8 U.S.C. 1158(b)(1) and 8 C.F.R. 208.13, an applicant for asylum bears the burden of proof and 'must show either past persecution or well-founded fear of future persecution.'

Analysis

The court found that the incidents cited by the petitioners did not constitute persecution as defined by law, as there was insufficient evidence linking the incidents to Kosta's political beliefs. The IJ and BIA determined that the injuries sustained by Kleopatra and the beating of Kosta did not meet the threshold for persecution. Furthermore, the country report indicated a fundamental change in Albania's political climate, which rebutted any presumption of a well-founded fear of future persecution.

The IJ denied the petitioners' requests for asylum, withholding of removal, and protection under CAT. She found that both Kosta and Androniqi were credible witnesses, but failed to show they were eligible for asylum. While the IJ characterized the injury to Kleopatra as a 'very serious and unfortunate incident,' she determined that the petitioners did not prove any connection between the incident and Kosta's political beliefs.

Conclusion

The court affirmed the BIA's decision, concluding that the petitioners failed to demonstrate eligibility for asylum, withholding of removal, or protection under CAT.

We affirm the final removal order.

Who won?

The government prevailed in the case as the court upheld the BIA's decision denying the petitioners' asylum application based on insufficient evidence of persecution.

The BIA and the IJ also did not err in determining that the aliens did not have a well-founded fear of future persecution because they properly relied on a country report to support their finding of a fundamental change in Albania's political climate.

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