01-2225 Begzatowski v. INS

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“This court has defined persecution as ‘punishment or the infliction of harm for political, religious, or other reasons that this country does not recognize as legitimate.’ Roman, 233 F.3d at 1034… We believe that the mistreatment endured by Mr. Begzatowski clearly falls within this category. Mr. Begzatowski described a series of actions by the Yugoslavian army meant to humiliate and eliminate Albanian soldiers. Albanian soldiers were not treated like their Serbian counterparts; they were segregated, physically abused, deprived of bathing facilities and denied training. Far more importantly, they were forced into battle without ammunition and were deprived of other implements, such as shovels, that were important to their survival. We believe that these actions cannot be seen as anything but ‘punishment’ or ‘infliction of harm.’ Furthermore, these are not merely petty abuses that we would expect the BIA to excuse or ignore. The Albanian soldiers’ only purpose, it appears, was to provide a human shield for Serbian soldiers. These actions rise above the level of ‘mere harassment’ and constitute persecution.”

Reversed and remanded.

Petition for Review of an Order of the Board of Immigration Appeals, Ripple, J.