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Petition by Muslim Albanian for Review of BIA's Decision Granted

By FindLaw Staff on April 29, 2010 2:05 PM

Bracic v. Holder, No. 08-2843, concerned a Muslim Albanian's petition for review of the BIA's order denying petitioner's claims for asylum and withholding of removal.  The court of appeals granted the petition, holding that 1) the mistreatment that petitioner claimed to have suffered, when considered on a cumulative basis, compelled the conclusion that he suffered past persecution; and 2) further, the government failed to show by a preponderance of the evidence that conditions in Montenegro have changed to such an extent that a reasonable person in the petitioner's position would no longer have a well-founded fear of persecution.

As the court wrote:  "Petitioner Samir Bracic, a native of the former Yugoslavia and a citizen of Montenegro, petitions for review of an order of the Board of Immigration Appeals ("Board") denying his claims for asylum and withholding of removal. Mr. Bracic contends that the Board violated his Fifth Amendment right to due process by limiting the case on remand to entry of a ministerial order, but then citing lack of additional evidence as the basis for the Board's decision to dismiss his appeal. He further argues that the Board wrongfully upheld the Immigration Judge's determination that Mr. Bracic did not prove past persecution or a clear possibility and well-founded fear of future persecution. Mr. Bracic petitions this court for review of the denial of his applications for asylum and withholding of removal, and we grant the petition."

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