Outcome:Case remanded to IJ for favorable adjudication
Description:IJ ruled that the Albanian respondant did not suffer past persecution even though he had suffered under the communists and then under the following socialist government. He had tried to open various businesses in the post communist Albanian and was outspokenly in favor of capitalism and democracy- being also the start-up member of the local chamber of commerce. He was targeted by the former communists because of his energetic pursuit of free enterprise and democracy. The IJ found inconsistencies between the submited asylum application and his testimony and also failed to permit a witness to testify who had knowledge of county conditions for time constraints. We filed an appeal with the BIA where we created a timeline of all the incidents, refering to numerous spots in the record where the IJ discounted facts in evidence or failed to correlate them. We noted how the IJ erred legally in her analysis- both in denying the witness testimony and in ignoring much of the record in reaching her decision. The Board of Immigration Appeals agreed with our arguments and remanded the case to the Judge for a different decision.