Peraj v. Holder

10-275-ag Peraj v. Holder BIA Straus, IJ A098 880 544 A098 880 543 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 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 Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 25 th day of January, two thousand eleven. 5 6 PRESENT: 7 DENNIS JACOBS, 8 Chief Judge, 9 ROBERT D. SACK, 10 DENNY CHIN, 11 Circuit Judges. 12 _______________________________________ 13 14 YLBER PERAJ, SUADA PERAJ, 15 16 Petitioners, 17 18 v. 10-275-ag 19 NAC 20 ERIC H. HOLDER, JR., UNITED STATES 21 ATTORNEY GENERAL 22 Respondent. 23 ______________________________________ 24 25 FOR PETITIONERS: Charles Christophe, Christophe & 26 Associates, P.C., New York, New 27 York. 28 29 FOR RESPONDENT: Tony West, Assistant Attorney 30 General; Douglas E. Ginsburg, 31 Assistant Director; Franklin M. 32 Johnson, Jr., Trial Attorney, Office 33 of Immigration Litigation, Civil 1 Division, United States Department 2 of Justice, Washington, D.C. 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 Petitioners Ylber Peraj and Suada Peraj, natives and 9 citizens of Albania, seek review of a January 7, 2010, order 10 of the BIA affirming the April 24, 2008, decision of 11 Immigration Judge (“IJ”) Michael W. Straus denying their 12 application for asylum, withholding of removal, and relief 13 under the Convention Against Torture (“CAT”). In re Ylber 14 Peraj, Suada Peraj, Nos. A098 880 544/43 (B.I.A. Jan. 7, 15 2010), aff’g No. A098 880 544/43 (Immig. Ct. Hartford, 16 Conn. Apr. 24, 2008). We assume the parties’ familiarity 17 with the underlying facts and procedural history in this 18 case. 19 Under the circumstances of this case, we review the 20 IJ’s decision as modified by the BIA decision, i.e., minus 21 the arguments for denying relief that were not considered by 22 the BIA. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 23 F.3d 520, 522 (2d Cir. 2005). The applicable standards of 24 review are well-established. See 8 U.S.C. § 1252(b)(4)(B); 2 1 Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). 2 The IJ found that the petitioners did not meet their 3 burden of proof because, inter alia, they provided no 4 documentation corroborating Ylber Peraj’s involvement with 5 the Legality Party and no medical evidence corroborating his 6 testimony that he was beaten by the police. In cases 7 applying the REAL ID Act, “an IJ, weighing the evidence to 8 determine if the alien has met his burden, may rely on the 9 absence of corroborating evidence adduced by an otherwise 10 credible applicant unless such evidence cannot be reasonably 11 obtained.” Chuilu Liu v. Holder, 575 F.3d 193, 197 (2d Cir. 12 2009) (dicta; concluding that pre-REAL ID Act standards 13 applied to Chuilu Liu’s proceedings). The petitioners argue 14 that the agency did not establish that such corroborating 15 evidence was reasonably available. However, the agency 16 found that corroboration was available because Ylber Peraj 17 testified that his family was involved with the Legality 18 Party in Albania and that his family doctor had treated him. 19 Petitioners have offered no evidence to show that 20 corroboration was unavailable. Accordingly, the agency 21 reasonably found that petitioners did not meet their burden 22 of proving their eligibility for asylum. See 8 U.S.C. 3 1 § 1158(b)(1)(B)(ii); Chuilu Liu, 575 F.3d at 197-98. 2 Because petitioners were unable to show the objective 3 likelihood of persecution needed to make out an asylum 4 claim, and because their claims for withholding of removal 5 and CAT relief were based on the same factual predicate as 6 their asylum claim, they were necessarily unable to meet the 7 higher standard required to succeed on a claim for 8 withholding of removal or CAT relief. See Paul v. Gonzales, 9 444 F.3d 148, 156 (2d Cir. 2006); Gomez v. INS, 947 F.2d 10 660, 665 (2d Cir. 1991); Xue Hong, 426 F.3d at 523 (2d Cir. 11 2005); see also 8 U.S.C. §§ 1231(b)(3)(C), 1229a(c)(4)(B). 12 For the foregoing reasons, the petition for review is 13 DENIED. As we have completed our review, any stay of 14 removal that the Court previously granted in this petition 15 is VACATED, and any pending motion for a stay of removal in 16 this petition is DISMISSED as moot. Any pending request for 17 oral argument in this petition is DENIED in accordance with 18 Federal Rule of Appellate Procedure 34(a)(2), and Second 19 Circuit Local Rule 34.1(b). 20 FOR THE COURT: 21 Catherine O’Hagan Wolfe, Clerk 22 4