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Besem Selimi, Aisha Selimi, Vjolca Selimi, Rashida Selimi, and Kujtesa Selimi v. John D. Ashcroft, Attorney General

Citations: 360 F.3d 736; 2004 U.S. App. LEXIS 4573Docket: 02-1453, 02-2923

Court: Court of Appeals for the Seventh Circuit; March 10, 2004; Federal Appellate Court

Narrative Opinion Summary

This case involves Besem Selimi and his family, ethnic Albanians from Macedonia, who sought to reopen their exclusion proceedings for asylum, withholding of deportation, and protection under the Convention Against Torture (CAT) due to deteriorating conditions in Macedonia. Initially, Mr. Selimi faced charges of excludability for alien smuggling after facilitating his family's entry into the U.S. using falsified documents. The Board of Immigration Appeals denied their motions to reopen, citing a failure to meet regulatory requirements, including timeliness and the presentation of new, material evidence. The Selimis argued that the conflict in Macedonia in 2001 substantiated their fear of persecution, but they did not demonstrate a prima facie case for asylum or CAT protection. The Board's decisions were upheld on the grounds of discretion, with the court finding no abuse of discretion in the denials. The dissenting opinion criticized the Board for not adequately considering changed conditions in Macedonia that could impact the Selimis' claims. Ultimately, the petition for review was denied, affirming the Board's decision.

Legal Issues Addressed

Alien Smuggling under 8 U.S.C. § 1182(a)(6)(E)(i)

Application: The appellant admitted to purchasing false passports for his family, which led to charges of excludability for alien smuggling.

Reasoning: Mr. Selimi admitted to purchasing the false passports, resulting in charges of excludability for alien smuggling under 8 U.S.C. § 1182(a)(6)(E)(i).

Judicial Review and Abuse of Discretion

Application: The Board holds significant discretion in decisions regarding motions to reopen, and the denial to reopen the Selimis' case was not deemed an abuse of discretion.

Reasoning: The denial to reopen their case was not deemed an abuse of discretion.

Motions to Reopen Immigration Proceedings

Application: The Selimi family's motions to reopen were denied because they failed to meet the regulatory requirements, including the timeliness of filing and the presentation of new, material evidence.

Reasoning: The Selimi family filed motions to reopen their exclusion proceedings due to changes in conditions in Macedonia...but his request was dismissed for failing to meet the regulatory requirements, specifically that the new evidence was not material or previously unavailable.

Prima Facie Case for Asylum and Withholding of Deportation

Application: The Selimis did not establish a prima facie case for asylum or related protections, as they failed to demonstrate a well-founded fear of persecution.

Reasoning: The primary basis for the administrative decision is that the Selimis did not establish a prima facie claim for asylum or related protections.

Protection under the Convention Against Torture (CAT)

Application: The Selimis failed to prove a likelihood of torture upon return to Macedonia, which is required to qualify for protection under CAT.

Reasoning: Additionally, to qualify for protection under the Convention Against Torture (CAT), they needed to prove a likelihood of torture upon return, but they did not meet this burden either.