Miljkovic v. Ashcroft, No. 03-3646.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtPosner
Citation376 F.3d 754
PartiesDragan MILJKOVIC and Divna Miljkovic, Petitioners, v. John D. ASHCROFT, Respondent.
Decision Date22 July 2004
Docket NumberNo. 03-3646.
376 F.3d 754
Dragan MILJKOVIC and Divna Miljkovic, Petitioners,
v.
John D. ASHCROFT, Respondent.
No. 03-3646.
United States Court of Appeals, Seventh Circuit.
Argued June 15, 2004.
Decided July 22, 2004.

Page 755

Godfrey Y. Muwonge (argued), Milwaukee, WI, Larry J. Hagen, Oak Park, IL, for Petitioners.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, William K. Olivier (argued), Department of Justice, Washington, DC, for Respondent.

Before POSNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.


Dragan Miljkovic asks us to reverse an order by the Board of Immigration Appeals denying him asylum and directing that he be deported to Yugoslavia (recently renamed "Serbia and Montenegro"). His wife's claim for asylum is derivative from his; see our earlier opinion, 366 F.3d 580 (7th Cir.2004).

Miljkovic was born in Croatia, which at the time was part of Yugoslavia, and although both his parents were originally from Serbia and moved back to Serbia and he grew up there, he claims without contradiction to be perceived by Serbians to be Croatian because he was born in Croatia and speaks Serbo-Croatian with a Croatian accent. As an adult in Serbia he participated in demonstrations against the Milosevic regime. In retaliation he was demoted by his employer, the national airline, and later was fired; his supervisor explained that the airline "would not feed Croats in the future." In June of 1991, Croatia seceded from Yugoslavia, precipitating a war between the two countries that raged throughout the year. In November, at the height of the war, Miljkovic received a draft notice. According to his uncontradicted testimony, draft notices were sent only to persons who were either opposed to the Milosevic regime or had been born in a part of Yugoslavia other than Serbia; Miljkovic satisfied both criteria. Upon receiving the notice he fled to the United States and applied for asylum. He presented evidence from a human-rights group and a qualified expert on Yugoslavia that the regime had made a practice of dealing with its opponents by sending them to fight against Croatia and that members of ethnic groups to which Serbia (the dominant entity in Yugoslavia) was hostile, which of course included Croatians, were targeted for hazardous military duties.

Regarding Miljkovic's claim that he fled to avoid persecution as a consequence of being drafted into the Yugoslav army, the immigration judge stated only that "persecution for failure to serve in the military

Page 756

may be established in those rare cases where a disproportionately severe punishment would result on account of one or more of the statutorily enumerated grounds or where the alien as a result of military service required by his government would necessarily be required to engage in inhuman conduct condemned by the international community as contrary to the basic rules of human conduct. There has, however, been no such showing in this record"...

To continue reading

Request your trial
12 practice notes
  • Velasco-Giron v. Holder, No. 12–2353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 26, 2014
    ...in Rodriguez–Rodriguez. Characteristically (see, e.g., Benitez Ramos v. Holder, 589 F.3d 426, 430 (7th Cir.2009); Miljkovic v. Ashcroft, 376 F.3d 754, 756–57 (7th Cir.2004)), the Justice Department tries to remedy the deficiencies of the Board's analysis by supplying reasons [773 F.3d 782] ......
  • Velasco-Giron v. Holder, No. 12–2353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 26, 2014
    ...in Rodriguez–Rodriguez.Characteristically (see, e.g., Benitez Ramos v. Holder, 589 F.3d 426, 430 (7th Cir.2009) ; Miljkovic v. Ashcroft, 376 F.3d 754, 756–57 (7th Cir.2004) ), the Justice Department tries to remedy the deficiencies of the Board's analysis by supplying reasons 773 F.3d 782(i......
  • Velasco-Giron v. Holder, No. 12–2353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 26, 2014
    ...in Rodriguez–Rodriguez. Characteristically (see, e.g., Benitez Ramos v. Holder, 589 F.3d 426, 430 (7th Cir.2009); Miljkovic v. Ashcroft, 376 F.3d 754, 756–57 (7th Cir.2004)), the Justice Department tries to remedy the deficiencies of the Board's analysis by supplying reasons [773 F.3d 782](......
  • Makhoul v. Ashcroft, No. 04-1344.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • October 28, 2004
    ...right set of circumstances, a finding of past persecution might rest on a showing of psychological harm. See, e.g., Miljkovic v. Ashcroft, 376 F.3d 754, 756 (7th Cir.2004); Knezevic v. Ashcroft, 367 F.3d 1206, 1211-12 (9th Cir.2004); Ouda v. INS, 324 F.3d 445, 453-55 (6th Cir.2003); see als......
  • Request a trial to view additional results
12 cases
  • Velasco-Giron v. Holder, No. 12–2353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 26, 2014
    ...in Rodriguez–Rodriguez. Characteristically (see, e.g., Benitez Ramos v. Holder, 589 F.3d 426, 430 (7th Cir.2009); Miljkovic v. Ashcroft, 376 F.3d 754, 756–57 (7th Cir.2004)), the Justice Department tries to remedy the deficiencies of the Board's analysis by supplying reasons [773 F.3d 782] ......
  • Velasco-Giron v. Holder, No. 12–2353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 26, 2014
    ...in Rodriguez–Rodriguez.Characteristically (see, e.g., Benitez Ramos v. Holder, 589 F.3d 426, 430 (7th Cir.2009) ; Miljkovic v. Ashcroft, 376 F.3d 754, 756–57 (7th Cir.2004) ), the Justice Department tries to remedy the deficiencies of the Board's analysis by supplying reasons 773 F.3d 782(i......
  • Velasco-Giron v. Holder, No. 12–2353.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 26, 2014
    ...in Rodriguez–Rodriguez. Characteristically (see, e.g., Benitez Ramos v. Holder, 589 F.3d 426, 430 (7th Cir.2009); Miljkovic v. Ashcroft, 376 F.3d 754, 756–57 (7th Cir.2004)), the Justice Department tries to remedy the deficiencies of the Board's analysis by supplying reasons [773 F.3d 782](......
  • Makhoul v. Ashcroft, No. 04-1344.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • October 28, 2004
    ...right set of circumstances, a finding of past persecution might rest on a showing of psychological harm. See, e.g., Miljkovic v. Ashcroft, 376 F.3d 754, 756 (7th Cir.2004); Knezevic v. Ashcroft, 367 F.3d 1206, 1211-12 (9th Cir.2004); Ouda v. INS, 324 F.3d 445, 453-55 (6th Cir.2003); see als......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT