7th Circuit Rules No Asylum For Alien Whose House And Business Are Burned Down.

The Bocis’ request for political asylum was denied by an immigration judge. The Board of Immigration Appeals affirmed. The 7th Circuit Court of Appeals denied a request for review.

There was evidence that the Boci home and business in Albania were burned down because of the Bocis’ political affiliation. But the 7th Circuit said that did not “satisfy a heavy evidentiary burden. Indeed, our standard of review is ‘difficult to meet without powerful and moving evidence.’” Nor did fear of future persecution, which the court termed as “subjective,” lay a basis for asylum.

The Bocis also asked for “withholding of removal” to Albania under the Convention Against Torture. The court denied that request because the Bocis did not demonstrate a clear probability they would face persecution in Albania. “Because the Bocis have provided little, if any, evidence of torture as defined by federal regulations [“severe pain or suffering, whether physical or mental”], the record does not compel granting them relief under CAT.”

The case, Boci v. Gonzales, No. 05-3231 (1/12/07), is available here – free account required.