19-1883 Lelcaj v. Garland BIA Christensen, IJ A206 252 593 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 8th day of March, two thousand twenty-two. 5 6 PRESENT: 7 ROSEMARY S. POOLER, 8 RAYMOND J. LOHIER, JR., 9 SUSAN L. CARNEY, 10 Circuit Judges. 11 _____________________________________ 12 13 LINE LELCAJ, 14 Petitioner, 15 16 v. 19-1883 17 NAC 18 MERRICK B. GARLAND, UNITED 19 STATES ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Michael P. DiRaimondo, DiRaimondo 24 & Masi, PC, Bohemia, NY. 25 26 FOR RESPONDENT: Brian M. Boynton, Acting 27 Assistant Attorney General; 28 Stephen J. Flynn, Assistant 29 Director; Evan P. Schultz, 30 Attorney, Office of Immigration 31 Litigation, United States 32 1 Department of Justice, Washington, 2 DC. 3 4 UPON DUE CONSIDERATION of this petition for review of a 5 Board of Immigration Appeals (“BIA”) decision, it is hereby 6 ORDERED, ADJUDGED, AND DECREED that the petition for review 7 is DENIED. 8 Petitioner Line Lelcaj, a native and citizen of Albania, 9 seeks review of a June 7, 2019 decision of the BIA affirming 10 a January 31, 2018 decision of an Immigration Judge (“IJ”) 11 denying Lelcaj’s application for asylum, withholding of 12 removal, and relief under the Convention Against Torture 13 (“CAT”). In re Lelcaj, No. A206 252 593 (B.I.A. June 7, 14 2019), aff’g No. A206 252 593 (Immig. Ct. N.Y. City Jan. 31, 15 2018). We assume the parties’ familiarity with the 16 underlying facts and procedural history. 17 We have reviewed the decision of the IJ as supplemented 18 by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d 19 Cir. 2005). The standards of review are well established. 20 See 8 U.S.C. § 1252(b)(4)(B); Lecaj v. Holder, 616 F.3d 111, 21 114 (2d Cir. 2010). 22 The agency did not err in concluding that Lelcaj failed 23 to satisfy her burden of proof for asylum, withholding of 2 1 removal, and CAT relief based on her claim that members of 2 the Socialist Party had threatened to kidnap and kill her on 3 account of her membership in the Democratic Party in Albania. 4 To establish eligibility for asylum, Lelcaj was required to 5 …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals