Cesk Palokaj v. Eric Holder, Jr.
510 F. App'x 464
6th Cir.2013Background
- Palokaj is an Albanian national who entered the U.S. illegally in 2005 and received an NTA for removability; he was initially ordered removed in absentia but the judgment was later set aside after he appeared and a venue change occurred to Detroit; at the immigration hearing he conceded removability and sought asylum and CAT protection based on alleged persecution in Albania due to wealth and social status; the IJ denied asylum and CAT, finding lack of credibility and insufficient nexus to a protected group; the BIA affirmed, rejecting that wealth constitutes a cognizable social group and that Albania would likely torture him or permit torture; the court reviews the BIA decision de novo for legal questions and under substantial evidence for factual findings; Palokaj petitions for review in this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Palokaj shows a nexus to a protected class sufficient for asylum. | Palokaj asserts persecution based on wealth as a social group. | Wealth is not a cognizable social group; credibility issues defeat claim. | No; no cognizable social group or credible persecution shown. |
| Whether the BIA’s credibility finding was supported by substantial evidence. | Petitioner contends the IJ and BIA erred in deeming his testimony inconsistent. | Record supports credibility finding; inconsistencies undermine reliability. | Yes; substantial evidence supports the credibility finding. |
| Whether Palokaj meets CAT withholding on likelihood of torture. | Albanian government would not protect him from torture, or would acquiesce. | No evidence of state torture or government acquiescence; CAT claim lacks basis. | Unavailing; no basis to disturb BIA findings; CAT claim rejected. |
Key Cases Cited
- Ilic-Lee v. Mukasey, 507 F.3d 1044 (6th Cir. 2007) (treats BIA decision as final agency determination when Reasoned order exists; legal standard cited for review)
- Abdallahi v. Holder, 690 F.3d 467 (6th Cir. 2012) (procedural basis for reviewing BIA findings with IJ record)
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (arbitrary, capricious or contrary to statute standard of review)
- Ceraj v. Mukasey, 511 F.3d 583 (6th Cir. 2007) (substantial evidence standard for factual determinations by BIA)
- Handono v. Attorney General, 226 F. App’x 237 (3d Cir. 2007) (nexus requirement: persecution must be connected to protected group)
- Khozhaynova v. Holder, 641 F.3d 187 (6th Cir. 2011) (definition of social group for asylum purposes)
- Urbina-Mejia v. Holder, 597 F.3d 360 (6th Cir. 2010) (persecution standard involves harm by government or unable to control)
- Lin v. Holder, 565 F.3d 971 (6th Cir. 2009) (withholding of removal framework; higher burden than asylum)
- Pablo-Sanchez v. Holder, 600 F.3d 592 (6th Cir. 2010) (withholding analysis requires clear probability of persecution)
- Singh v. Ashcroft, 398 F.3d 396 (6th Cir. 2005) (high standard for withholding of removal)
- Bonilla-Morales v. Holder, 607 F.3d 1132 (6th Cir. 2010) (CAT standard: more likely than not torture)
- Kopyonkina v. Mukasey, 313 F. App’x 762 (6th Cir. 2008) (no government complicity where incidents not reported)