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Demiraj v. Holder, No. 08-60991

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By FindLaw Staff on January 13, 2011 11:09 AM

Denial of Asylum Application Affirmed

In Demiraj v. Holder, No. 08-60991, a petition for review of the decision of the BIA denying petitioners' applications for asylum, withholding of removal, and protection under the Convention Against Torture, the court denied the petition where 1) the record disclosed no evidence that petitoner would be targeted for her membership in her family as such; 2) the IJ had sufficient record evidence to conclude that the state was not "more likely than not" to acquiesce in torture and therefore also to deny relief under that treaty.

As the court wrote:  "Rudina Demiraj and her son, Rediol Demiraj, petition for review of the decision of the Board of Immigration Appeals ("BIA") denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture.   The petitioners, who are Albanian nationals, are the wife and son of Edmond Demiraj, a material witness in the United States' prosecution of Bill Bedini.   While conceding removability, the petitioners contend that they reasonably fear reprisal from Bedini and his associates if they are returned to Albania."

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