RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0239p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ÇILE PREÇETAJ, ┐ Petitioner, │ │ > No. 18-3231 v. │ │ │ JEFFERSON B. SESSIONS, III, Attorney General, │ Respondent. │ ┘ On Petition for Review from the Board of Immigration Appeals; No. A 078 648 981. Decided and Filed: October 24, 2018 Before: SUHRHEINRICH, MOORE, and BUSH, Circuit Judges. _________________ COUNSEL ON BRIEF: Michael J. Lacey, Mt. Clemens, Michigan, for Petitioner. Karen L. Melnik, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ JOHN K. BUSH, Circuit Judge. Çile Preçetaj petitions for our review of the order of the Board of Immigration Appeals (“Board” or “BIA”) denying her motion to reopen her removal proceeding. At issue is whether the Board erred in denying Preçetaj’s motion based on the evidence she submitted regarding changed country conditions, and, if the Board erred, whether such error is harmless. We hold that the Board erred and such error is not harmless; thus, we REMAND the motion to the Board. No. 18-3231 Preçetaj v. Sessions Page 2 I. Preçetaj is a native and a citizen of Albania. She entered the United States without admission in June 2000. Upon her arrival, Preçetaj filed her first asylum application in August 2000, 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 also attested that she was afraid of being kidnapped and placed into forced prostitution. In July 2001, the Immigration and Nationality Service (“INS”) served Preçetaj with a Notice to Appear, charging her with removability. Preçetaj conceded the charge of removability. In June 2005, the Immigration Judge denied Preçetaj’s asylum application and ordered her removal to Albania. The Immigration Judge found Preçetaj incredible because her claim “devolved over a period of time.” For instance, the Immigration Judge found that she added allegations to her petition, including that her son would be subject to kidnapping in Albania, that she had some difficulty practicing her religion in Albania, and that she would suffer shame as an unmarried mother. Moreover, the Immigration Judge found that there were several “red flags” regarding Preçetaj’s credibility. She was inconsistent about whether she returned to Albania or attempted to flee on prior occasions, whether her family experienced problems in Albania, and whether she and her family were subject to political-opinion persecution or otherwise politically involved in Albania. The Immigration Judge also found that Preçetaj did not provide corroborative documents and that she did not establish that those in her social group are subject to a pattern or practice of persecution. Preçetaj appealed the decision to the Board, and the Board adopted and affirmed the Immigration Judge’s decision. In February 2007, Preçetaj filed a petition for review with this court, and we denied it. Preçetaj v. Mukasey, No. 7-3170 (6th Cir. Feb. 15, 2007) (order). ...
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