Pishtari

Pishtari v. Mukasey

Good Law
267 F. App'x 576
United States Court of Appeals for the Ninth CircuitFebruary 19, 2008Nos. 04-73057, 04-74714California441 words

Opinion

lead Opinion

MEMORANDUM **

Hekuran, Ilirjana, and Xhoi Pishtari, natives and citizens of Albania, appeal a final order of the Board of Immigration (“BIA”) dismissing their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Hekuran Pishtari argues that past persecution suffered at the hands of the Albanian government, and threats he received while working in London, should provide the basis for relief. We address both claims, and deny the Pishtaris’ petition.

An alien who has established past persecution is presumed to have a well-founded fear of future persecution, but that presumption may be rebutted by evidence of changed circumstances, such as when the persecuting government is no longer in power. See 8 C.F.R. § 208.13 (b)(l)(i); Matter of Chen, 20 I. & *578 N. Dec. 16, 18 (BIA 1989). Here, Pishtari was persecuted by the government because of his work for the Socialist Party, which has since risen to power in Albania. The IJ properly held that this represents a fundamental change in country conditions, which indicates Pishtari no longer has a well-founded fear of persecution.

For an alien to demonstrate eligibility for asylum or…

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