Immigration – Asylum – Albania

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Immigration – Asylum – Albania

An asylum applicant from Albania who fears being forced into prosecution without recourse to government authorities was improperly denied asylum.

“‘Women who fear female genital circumcision’ sound a lot like ‘women who fear prostitution,’ thus demonstrating that it is not fair to conclude that the group is defined by the harm or potential harm inflicted merely by the language used rather than determining what underlying characteristics account for the fear and vulnerability. The Board=s cases instruct that we must look to see whether the group shares common characteristics that members of the group either cannot change, or should not be required to change, because such characteristics are fundamental to their individual identities.@ Escobar, 657 F.3d at 545 (citing Gatimi, 578 F.3d at 614, In re Kasinga, 21 I. & N. Dec. 357, 365-66 (BIA 1996)). In this case, although it is true that these women are linked by the persecution they suffer—being targeted for prostitution— they are also united by the common and immutable characteristic of being (1) young, (2) Albanian, (3) women, (4) living alone. For this reason we disagree with the Sixth Circuit’s conclusion in Rreshpja v. Gonzales, that the social group of ‘young (or those who appear to be young), attractive Albanian women who are forced into prostitution’ does not constitute a social group because it is circularly defined by the fact that it suffers persecution. Id. 420 F.3d 551, 555-56 (6th Cir. 2005).”

Petition Granted.

11-1989 Cece v. Holder

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

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