Ruci v. Holder, No. 12-1886 (1st Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Albania, entered the United States illegally using a fraudulent passport. After Petitioner was charged with removal, Petitioner conceded his removability but filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. The immigration judge denied Petitioner's applications, concluding (1) Petitioner established that he had suffered past persecution in Albania due to his political sympathies and his ethnic background and was consequently entitled to a presumption of a well-founded fear of future persecution, but (2) the government's admitted evidence was sufficient to rebut the presumption. The board of immigration appeals (BIA) affirmed, finding that the government's evidence of changed country conditions rebutted the presumption of relief raised by Petitioner's past persecution on political and ethnic grounds. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the evidence supported the BIA's finding of materially changed country conditions since Petitioner's departure, and therefore, the BIA did not err in denying Petitioner's applications.
The court issued a subsequent related opinion or order on January 10, 2014.
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