Precetaj v. Sessions, No. 18-3231 (6th Cir. 2018)Annotate this Case
Preçetaj, a citizen of Albania, entered the U.S. without admission in 2000 and filed her first asylum application, averring that “criminal gangs constantly threaten [her] family,” and, “though [her] father is not politically involved, he is a target because he is employed by the highway department.” She attested that she was afraid of being kidnapped and placed into forced prostitution. In 2005, an IJ denied Preçetaj’s application and ordered her removal, finding Preçetaj incredible because her claim “devolved over a period of time.” The BIA affirmed; the Sixth Circuit denied review. In 2012, Preçetaj moved to reopen. The BIA denied the motion. The Sixth Circuit denied review. In 2017, Preçetaj filed another motion to reopen, arguing that “country conditions in Albania have changed . . . since a recent Socialist Party victory at the polls,” and that recently, “her family has been threatened with government persecution” and is a “distinct social group.” Preçetaj appended a psychological report about her children; an updated I-589 Statement; and an affidavit from her expert witness, detailing Albania’s political history and internal violence. The Sixth Circuit remanded the BIA’s denial. The BIA failed to demonstrate that it evaluated or analyzed Preçetaj's evidence but summarily concluded that the evidence was insufficient to demonstrate changed country conditions, without providing a sufficiently detailed analysis for its conclusion.