Hoxha v. Gonzales, No. 05-61122 (5th Cir. 2006)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006 Charles R. Fulbruge III Clerk No. 05-61122 Summary Calendar KLODIAN HOXHA, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of a Decision of the Board of Immigration Appeals BIA No. A96 029 325 -------------------Before REAVLEY, BARKSDALE and STEWART, Circuit Judges. PER CURIAM:* Albanian citizen Klodian Hoxha petitions for review of the decision of the Bureau of Immigration Appeals (BIA) denying his application for asylum and withholding of removal. Hoxha s petition is denied. Substantial evidence supports the determination of the Immigration Judge (IJ) that Hoxha has no well-founded fear of persecution should he be returned to Albania. INS, 37 F.3d 185, 188 (5th Cir. 1994). See Faddoul v. Hoxha s testimony established that he personally was briefly detained during an * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-61122 -2election dispute and was verbally threatened by police and members of the Socialist Party. However, he was not physically injured and evidently was free to move around the country to work and take care of his grandmother. It was unclear from Hoxha s testimony whether his grandfather, brother, and sister were victims of the Socialist Party or of criminals. The IJ did not err by relying on materials prepared by the State Department when making the determination whether Hoxha should be granted asylum. n.1 (5th Cir. 1991). See Rojas v. INS, 937 F.3d 186, 190 Those materials indicated that the Socialist Party is not engaged in persecution of its opponents and that Albania is a functioning democracy with competitive elections that are relatively fair and free. However, the country has chronic crime issues, and local police evidently engage in brutal conduct. Moreover, Hoxha s testimony indicated that he could relocate within Albania if necessary. Gomez v. Ashcroft, 263 F.3d 442, 445 (5th Cir. 2001). PETITION DENIED. See Lopez-
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