Erodita Leka v. U.S. Attorney General
704 F. App'x 878
| 11th Cir. | 2017Background
- Petitioner Erodita Leka sought asylum, withholding of removal, and CAT relief after alleged mistreatment in Albania.
- IJ denied relief; BIA affirmed, prompting Leka’s petition for review to the Eleventh Circuit.
- Leka claimed persecution based on political opinion and membership in a particular social group, including harm by a private actor (Elir).
- Record showed the mistreatment was found to be personally motivated by Elir, not on account of a protected ground.
- The agency concluded Leka’s mistreatment and threats did not rise to the level of persecution and that internal relocation in Albania was feasible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leka suffered past persecution on account of a protected ground | Leka: mistreatment was motivated by political opinion / membership in a particular social group | BIA/IJ: mistreatment was personally motivated, not because of a protected ground | Court: Affirmed—no past persecution on a protected ground (substantial evidence supports agency) |
| Whether Leka has a well-founded fear of future persecution | Leka: credible fear of future persecution if returned | BIA/IJ: fear not objectively reasonable; relocation within Albania possible | Court: Affirmed—no well-founded fear; relocation feasible |
| Entitlement to withholding of removal (more-likely-than-not standard) | Leka: risk of persecution meets higher withholding standard | BIA/IJ: Leka failed to meet asylum standard, so cannot meet higher withholding standard | Court: Affirmed—Leka failed asylum burden, so withholding not met |
| Eligibility for CAT protection | Leka: likely to be tortured if returned | BIA/IJ: record does not show likelihood of torture with government acquiescence | Court: Affirmed—no showing that torture is more likely than not |
Key Cases Cited
- Adefemi v. Ashcroft, 386 F.3d 1022 (11th Cir. 2004) (en banc) (standard of review: substantial evidence)
- Ruiz v. U.S. Att’y Gen., 440 F.3d 1247 (11th Cir. 2006) (burden to show persecution or well-founded fear)
- Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226 (11th Cir. 2005) (definition and threshold of "persecution")
- Najjar v. Ashcroft, 257 F.3d 1262 (11th Cir. 2001) (subjective and objective components of fear)
- Reyes-Sanchez v. U.S. Att’y Gen., 369 F.3d 1239 (11th Cir. 2004) (CAT: more-likely-than-not standard and government acquiescence)