Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Florie Shehu, a Kosovar Muslim, left her country in 1998 and filed a petition for asylum. Shehu was able to establish that she had been persecuted in the past, but the immigration judge found that the government met its burden of showing that Shehu that the circumstances in Kosovo had changed significantly enough so that Shehu’s fear of future persecution was not well-founded. On appeal, Shehu claims that any changes in Kosovo are temporary, not fundamental changes, and that she is entitled to humanitarian asylum. HOLDING:Affirmed. Noting that is has never ruled on what limitations should be placed on what inferences can be drawn about an individual’s fear of persecution based on general changes, the court nonetheless finds that even assuming that the government would be required to negate the individual’s fear, the evidence in this case does so. “All instances of past persecution that Shehu has cited, on behalf of herself or of her relatives, were at the hands of the Serbian-dominated police or Serbian paramilitary forces. The IJ found, however � and the finding is supported by substantial evidence � that the Kosovo administration (and police) are no longer dominated by Serbs, but by the United Nations Interim Administrative Mission in Kosovo (UNMIK) and Provisional Institutions of Self Government (PISG). “The Serbian paramilitary forces have left Kosovo.” As the identity of the current government is different from the one that persecuted Shehu and her family, Shehu’s fear of persecution is not the same. For instance, Shehu argues that the government forces conspired to orchestrate a car crash that nearly killed her husband; however, Shehu does not provide any evidence that the current government was involved with or condoned the accident. The court adds that the immigration judge was not incorrect in asking for corroboration of the car crash. “Contrary to Shehu’s assertions, even if her factual testimony that a car crash occur might not require corroboration if credible, there is no ban on the IJ’s asking for corroboration on the applicant’s opinion testimony that the current Kosovar government condoned the crash, especially given that there is no factual basis to make such an opinion inference. . . . Although the violence against former KLA members reported by Shehu’s expert is unfortunate, there is no”persecution’ absent proof that the violence is condoned or orchestrated by the current Kosovar government.” The court upholds the IJ’s finding that the changes in the Kosovo region where Shehu is from are fundamental. There are United Nations, NATO and Albanian forces in the area who are unable to control what little violence there is. Also, there is no indication that Serbian forces that won election in 2003 would gain control of the Kosovar legislative or executive branches, causing the region to backslide into its former violent state, as Shehu alleges. Finally, the court rejects Shehu’s claim that she is entitled to humanitarian asylum, finding the persecution she suffered in the past not to be as severe as that suffered by individuals who made a successful claim. The court notes that most of the evidence of Shehu raises is of persecution to other people, not to Shehu herself. OPINION:Smith, J.; Smith, Garza and Prado, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.