Bradvica v. I.N.S., 97-1336
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | Before POSNER, Chief Judge, and MANION and EVANS; MANION |
| Citation | 128 F.3d 1009 |
| Parties | Zoran BRADVICA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Docket Number | No. 97-1336,97-1336 |
| Decision Date | 21 October 1997 |
Page 1009
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Seventh Circuit.
Decided Oct. 21, 1997.
Page 1010
Donald E. Puchalski (argued), Sklodowski, Franklin, Puchalski & Reimer, Chicago, IL, for Petitioner.
Ellen Shapiro, Department of Justice, Office of Immigration Litigation, Washington, DC, Samuel Der-Yeghiayan, Immigration & Naturalization Service, James B. Burns, Office of the United States Attorney, Chicago, IL, David M. McConnell, Kristal A. Marlow, James A. Hunolt, Department of Justice, Civil Division, Immigration Litigation, Holly Gimbel (argued), United States Department
Page 1011
of Justice, Civil Division, Washington, DC, for Respondent.Before POSNER, Chief Judge, and MANION and EVANS, Circuit Judges.
MANION, Circuit Judge.
In 1995, Zoran Bradvica had overstayed his visa and was in the United States illegally. Because he wanted to remain in this country, he applied to the Immigration and Naturalization Service for asylum and withholding of deportation. He alleged past persecution and a fear of future persecution if he were to return to Bosnia-Herzegovina. He also alleged rights under customary international law and the Fourth Geneva Convention. The Immigration Judge (IJ) denied his application and the Board of Immigration Appeals (BIA) affirmed. Because we find no errors to justify overruling the BIA, we deny Bradvica's petition for review.
I.
Zoran Bradvica is a 32-year-old Croat who formerly lived in Bosnia-Herzegovina when it was still a republic of the former Yugoslavia. While there, he, his parents and two sisters supported themselves by farming a small plot of land near the town of Ljubuski. In 1986, Bradvica served on active duty in the Yugoslavian army for one year, after which he was honorably discharged.
In 1990, the Communist Party still controlled Yugoslavia, but there was considerable unrest. Bradvica was a member of the Democratic Union, which he stated was an anti-communist, prodemocracy party. The party was, of course, illegal. In July 1990, Bradvica carried a Croatian flag in a large pro-democracy demonstration in Ljubuski; both demonstrating and carrying the flag were illegal. The Yugoslavian police arrested Bradvica and four others, took them to the station, and interrogated them for about an hour as a group. The police then interrogated Bradvica alone for an additional half-hour. The police held Bradvica for two days and interrogated him twice more; each interrogation lasted less than an hour. The police did not physically abuse Bradvica, although they threatened to punch and kick him. Bradvica was released without being charged.
In August 1990, Bradvica participated in another pro-democracy rally in Ljubuski. Although the police were present, they did not stop that rally and only arrested persons who were drunk or disorderly. In September 1990, Bradvica participated in a third rally, which the police did break up. Bradvica and his friends fled and then went to a cafe and had drinks. He was not arrested or otherwise harassed by the police following this demonstration.
Also in September 1990, Bradvica applied for and obtained a visa to visit the United States. Bradvica got the visa on September 23 and he entered the United States on October 1. After his visa expired on April 1, 1991, Bradvica remained in the United States illegally. Shortly after Bradvica left Yugoslavia, the country broke apart and conflicts erupted within some of the former republics. In March 1992, the various factions in Bosnia-Herzegovina began fighting a lengthy civil war. Bradvica's family's home was destroyed and his parents and one sister are refugees in Croatia.
On June 12, 1995, Bradvica applied for asylum with the INS. On August 17, 1995, the INS began deportation proceedings against Bradvica. At a hearing before the IJ, Bradvica conceded that he was deportable but requested asylum and withholding of deportation. Bradvica also raised claims under customary international law and the Fourth Geneva Convention. The IJ denied his claims and the BIA affirmed. The BIA did not address Bradvica's international law claims. Bradvica then petitioned this court to review the BIA's decision.
II.
A.
The standard of review applicable in this case is well settled. 1 Where as here
Page 1012
the BIA renders its own decision rather than merely adopting the IJ's decision, we review the BIA's decision without regard to the IJ's findings. Gonzalez v. INS, 77 F.3d 1015, 1023 (7th Cir.1996). While we review the BIA's legal conclusions de novo, our review of its factual findings is limited to determining whether they are supported by "substantial evidence." Borca v. INS, 77 F.3d 210, 214 (7th Cir.1996). To win a reversal under this deferential standard, Bradvica must show not merely that the record evidence supports a conclusion contrary to that reached by the BIA but that the evidence compels that contrary conclusion. INS v. EliasZacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 815 n. 1, 117 L.Ed.2d 38 (1992).B.
Under 8 U.S.C. § 1158(a), the Attorney General has discretion to grant asylum to an alien who can show that he is a "refugee" as defined in 8 U.S.C. § 1101(a)(42)(A). The alien must show that he is unable or unwilling to return to his country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Persecution is not defined by the statute, but we have held that it must be punishment or the infliction of harm; mere harassment does not amount to persecution. Borca v. INS, 77 F.3d at 214. An alien may show either that he has been persecuted in the past or that he has a reasonable fear of future persecution. Angoucheva v. INS, 106 F.3d 781, 788 (7th Cir.1997). A showing of past persecution creates a rebuttable presumption in favor of granting asylum. Id. For a fear of future persecution to support an asylum claim, the fear must be both subjectively real and objectively reasonable. Borca v. INS, 77 F.3d at 214. Bradvica claims both that he suffered past persecution and that he reasonably fears future...
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...in light of credible evidence. Sayaxing, 179 F.3d at 519-20 (quoting Tzankov v. INS, 107 F.3d 516, 519 (7th Cir.1997)); Bradvica v. INS, 128 F.3d 1009, 1012 (7th Cir.1997). The subjective fear component turns largely upon the applicant's own testimony and credibility. Sayaxing, 179 F.3d at ......
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Beharry v. Ashcroft, Docket No. 02-2171.
...such requests has not been delegated by the Attorney General to the immigration judges or this Board."); see also Bradvica v. INS, 128 F.3d 1009, 1014 (7th Cir.1997) (noting that the BIA in Medina "held that the Attorney General had not delegated jurisdiction to grant relief under customary......
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Abelesz v. Magyar Nemzeti Bank , s. 11–2387
...is not applicable in U.S. [692 F.3d 678]courts where a controlling federal statute prescribes different standards. Bradvica v. I.N. S., 128 F.3d 1009, 1014 n. 5 (7th Cir.1997); Committee of U.S. Citizens Living in Nicaragua v. Reagan, 859 F.2d 929, 939 (D.C.Cir.1988). For example, in Enahor......
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Padilla-Padilla v. Gonzales, 02-73627.
...918 (9th Cir.1996) (holding that the BIA does not have jurisdiction over customary international law claims); see also Bradvica v. INS, 128 F.3d 1009, 1014 (7th Cir.1997)(same); cf. Beharry v. Ashcroft, 329 F.3d 51, 59 (2d Cir.2003). Since the BIA did not have jurisdiction to consider this ......
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Capric v. Ashcroft, 02-3172.
...in light of credible evidence. Sayaxing, 179 F.3d at 519-20 (quoting Tzankov v. INS, 107 F.3d 516, 519 (7th Cir.1997)); Bradvica v. INS, 128 F.3d 1009, 1012 (7th Cir.1997). The subjective fear component turns largely upon the applicant's own testimony and credibility. Sayaxing, 179 F.3d at ......
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Beharry v. Ashcroft, Docket No. 02-2171.
...such requests has not been delegated by the Attorney General to the immigration judges or this Board."); see also Bradvica v. INS, 128 F.3d 1009, 1014 (7th Cir.1997) (noting that the BIA in Medina "held that the Attorney General had not delegated jurisdiction to grant relief under customary......
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Abelesz v. Magyar Nemzeti Bank , s. 11–2387
...is not applicable in U.S. [692 F.3d 678]courts where a controlling federal statute prescribes different standards. Bradvica v. I.N. S., 128 F.3d 1009, 1014 n. 5 (7th Cir.1997); Committee of U.S. Citizens Living in Nicaragua v. Reagan, 859 F.2d 929, 939 (D.C.Cir.1988). For example, in Enahor......
-
Padilla-Padilla v. Gonzales, 02-73627.
...918 (9th Cir.1996) (holding that the BIA does not have jurisdiction over customary international law claims); see also Bradvica v. INS, 128 F.3d 1009, 1014 (7th Cir.1997)(same); cf. Beharry v. Ashcroft, 329 F.3d 51, 59 (2d Cir.2003). Since the BIA did not have jurisdiction to consider this ......