Sunday, May 15, 2005

Non-precedential affirmances of denying asylum claims

Drishti v. Attorney General, No. 04-1133 (3d Cir. May 11, 2005) (non-precedential): affirmed the IJ's denial of an asylum claim where the IJ based its decision on the credibility of three witnesses, which was further backed up by a 2000 State Department report that did not mention attacks or arrests based on political reasons in Albania in 2000.

Khan v. Attorney General, No. 04-1762 (3d Cir. May 11, 2005) (non-precedential): affirmed the IJ's denial of an asylum claim by a Kasmiri independence advocate from Pakistan. The IJ noted numerous discrepancies and illogical details to Khan's story: he had run-ins from 1996 to 1998 but rejoined the party in 1999 without repercussions, he said he left December 4th but his passport suggests he left December 3 (who knew one day could make such a crucial difference!), and he felt he was being pursued by the Pakistan government yet traveled in and out of Pakistan several times in the early 1990s.

Ndreu v. Attorney General, No. 04-2006 (3d Cir. May 12, 2005) (non-precedential): affirmed the IJ's denial of an asylum claim by someone from Albania because post-1992 incidents were not persecution and pre-1991 incidents can be set aside because of changed country conditions. The IJ felt that post-1992 incidents including a carjacking lacked proof they were because of political reasons due to the total anarchy in Albania in 1997. Also, the asylum seeker never sought medical attention and did not receive death threats so the trauma was not sufficiently severe to constitute persecution. As far as pre-1992 incidents, times have changed in Albania and now the opposition party has access to the media and has run in elections.

Manan v. Attorney General, No. 04-2430 (3d Cir. May 12, 2005) (non-precedential): affirmed the IJ's denial of asylum or other relief by someone who fought the Taliban in Afghanistan. The BIA held that the Taliban has fallen in Afghanistan and there is little threat from the remaining bands of Taliban militia there.

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