Precetaj v. Holder, No. 10-1109 (1st Cir. 2011)
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Husband entered the U.S. in 2002, using a false Italian passport and wife entered on a temporary tourist visa that subsequently expired. Both are citizens of Albania. In 2003, husband applied for asylum and withholding of removal and listed wife as a derivative beneficiary. Later, wife applied for asylum. The the Immigration Judge denied both relief. The Board of Immigration appeals affirmed. The First Circuit vacated and remanded. The IJ and the Board did not give a persuasive explanation for rejecting the claim of past persecution.The threats and violence against husband were substantial and continued over
almost a decade; they were arguably based on interrelated motives related to his political beliefs and his job at the Albanian Supreme Court. The persecution involved attacks on his children. Changed country conditions do not automatically trump specific evidence.
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