Alimadhi v. Gonzales

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-1788
BASHKIM ALIMADHI,
Petitioner,
v.
ALBERTO R. GONZALES, ATTORNEY GENERAL,
Respondent.
ON PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Boudin, Chief Judge,
Torruella and Lipez, Circuit Judges.
Emmanuel N. Papanickolas on brief for petitioner.
William J. Schneider, Assistant United States Attorney, and
Paula D. Silsby, United States Attorney, on brief for respondent.
April 14, 2006
Per Curiam. Bashkim Alimadhi is an Albanian national who
entered the United States on a fraudulent passport and visa in
March 2001. In removal proceedings begun a year later, Alimadhi
conceded removability but sought asylum and withholding of removal
because of persecution based on his political opinions. 8 U.S.C.
§ 1101(a)(42) (2000); 8 C.F.R. § 208.13 (2006). The immigration
judge ("IJ") held a hearing and denied relief in an order summarily
affirmed by the Board of Immigration Appeals.
Alimadhi was born in 1968 in Albania during the rule of
Enver Hoxha, a Communist dictator. The regime was overthrown in
1991 and the Democratic Party of Albania ruled the country until
1997. Then, after another period of upheaval, the Socialist Party
of Albania rose to power and has ruled ever since. Alimadhi is
affiliated with an opposition party, the National Front Party
("PBK"), which has a few legislative seats.
To support his claim of past and future persecution,
Alimadhi described four incidents of alleged persecution at the
hearing in front of the IJ. Two of the incidents were not
mentioned when Alimadhi was initially interviewed by an asylum
officer. A third incident--an alleged beating of Alimadhi by
police in July 1997--occurred during a period when Alimadhi had
told the asylum officer he was in Greece. Two of the alleged
incidents were not mentioned in Alimadhi's written (and sworn)
asylum application.
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The IJ found Alimadhi not to be credible as to his
description of alleged past persecution--a reasonable conclusion to
which we defer. Bojorques-Villanueva v. INS, 194 F.3d 14, 16 (1st
Cir. 1999). Past incidents aside, Alimadhi's main basis for his
alleged fear of future persecution is his claim that the present
ruling Socialist Party of Albania will persecute him because he
belongs to an opposition party. The inference is at odds with
State Department reports as to political conditions in Albania
today; other of Alimadhi's family members, who belong to his own
party, reside peacefully in Albania.
The IJ's conclusion that Alimadhi has not established a
reasonable fear of future persecution is so clearly supported by
substantial evidence as to make detailed discussion unnecessary.
With that conclusion, Alimadhi's further claim for withholding of
removal also fails. Aguilar-Solis v. INS, 168 F.3d 565, 569 n. 3
(1st Cir. 1999). So, too, does Alimadhi's additional claim for
relief under the Convention Against Torture. 8 C.F.R. § 208.16(c).
The petition for review is denied.
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