Mimi Mece and Ardita Mece v. Alberto Gonzales, Attorney General

Citations: 415 F.3d 562; 2005 U.S. App. LEXIS 14635; 2005 WL 1693703Docket: 03-4082

Court: Court of Appeals for the Sixth Circuit; July 20, 2005; Federal Appellate Court

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An Albanian couple, Mimi and Ardita Mece, petitioned for asylum in the United States, claiming political persecution. An immigration judge ordered their removal, which was upheld by the Board of Immigration Appeals. However, the Sixth Circuit Court of Appeals granted the petition for review, finding compelling evidence of persecution against Mimi Mece by Albanian police due to his political activities with the Democratic Party. This included repeated detentions, beatings, and threats to his life, culminating in a serious injury that required him to seek medical attention away from his home. The court emphasized that any reasonable adjudicator would recognize the couple's suffering as "persecution" based on political opinion as defined under the Immigration and Nationality Act. The Board's dismissal of the appeal was vacated, and the case was remanded for a rehearing by a different immigration judge. Additional supporting evidence included Mimi Mece's birth certificate and a certificate of "Politically Persecuted" status for his uncle, who suffered under Albania's Communist regime, along with declarations regarding the political history of his family.

The petitioner recounts that shortly after his birth, his father was imprisoned in a labor camp for nine years due to his political activism against the government. The regime referred to this as "reeducation and rehabilitation," during which the father was subjected to ideological indoctrination. Despite this, he maintained his commitment to a free and democratic Albania. As a youth, the petitioner faced educational discrimination, being told he could not pursue higher education because he belonged to an "enemy family." In high school, he was physically assaulted by secret police for advocating foreign investments and a free market in a paper he wrote. Following this incident, he was detained for a week, where he endured torture and interrogation, ultimately leading to his suspension from school and social ostracization by classmates.

After the fall of the Communist regime in 1991, the petitioner participated in demonstrations for political reform and joined the Democratic Party, helping establish its local branch. A document from the party chairman confirms his active participation in the anti-communist movement. However, after the Democratic Party lost power to the Socialist Party in 1997, the petitioner faced renewed repression, specifically from former Sigurimi agents in the police force. In January 1998, while supporting a hunger strike against the reemployment of these agents, he was violently arrested, beaten, and interrogated regarding his political activities and affiliations.

Mr. Meçe reported being threatened to cease his political activism, facing severe consequences if he did not comply. During an interrogation, the officer demonstrated extensive knowledge of Mr. Meçe's political activities and family history, frequently referencing the suffering of his relatives under the regime. Mr. Meçe and four other demonstrators were detained overnight in harsh conditions, denied food and water, and coerced into silence regarding their treatment. Although his written declaration omitted the detail of being beaten at the police station, he later testified orally that he was indeed beaten, threatened with death, and maltreated during his detention.

In September 1998, shortly after his marriage, Mr. Meçe was again detained for attending the funeral of Azem Hajdari, an anti-communist leader. He recounted being beaten by police who sought information about other opposition members present at the funeral and was explicitly threatened with murder if he continued his political activities.

Mrs. Meçe corroborated her husband's account, noting visible signs of his beating when he returned home. In October 1999, Mr. Meçe faced further intimidation after signing a petition for the release of political prisoners, leading to an encounter where Sigurimi agents confronted him at his home. They displayed the petition containing his name, threatened him with a gun, and insisted he accompany them to the police station, which he reluctantly agreed to do out of fear for his safety.

Mrs. Meçe corroborated Mr. Meçe's account, stating she witnessed a pistol held to his head and his subsequent abduction. Mr. Meçe reported that during his one-day confinement at the police station, he endured severe psychological and physical abuse, including two beatings and threats on his life, with an explicit threat that he would be eliminated if he continued to oppose the government. Upon his release, he was instructed to remain silent about his ordeal and was placed under house surveillance for two weeks. 

After returning home, Mrs. Meçe observed injuries on her husband, including swollen eyes and leg wounds. During the local elections in Erseka at the end of October 2000, where Mr. Meçe represented the Democratic Party, he witnessed numerous electoral irregularities, such as Socialist Party members receiving multiple ballots and Democratic Party supporters being removed from voter lists. He also observed non-residents voting with forged identification. When pressured to sign a statement falsely affirming the legitimacy of the election, Mr. Meçe refused despite threats from the chairman, a former Sigurimi agent. Following his refusal, he was forcibly removed from the polling station, beaten, and threatened with death if he spoke out against the election manipulations. Ultimately, he was compelled to leave and return home.

The Socialists won the local election, prompting the Democrats, including Mr. Meçe, to organize peaceful protests against alleged election fraud. On November 9, 2000, during a demonstration in Erseka, Mr. Meçe delivered a speech urging local residents to join in denouncing the fraud. After the event, he was ambushed by a car containing masked special force policemen who assaulted him, handcuffed him, and transported him to the police station. During transit, he was physically assaulted and threatened with death if he continued his political activities.

At the police station, Mr. Meçe was interrogated about his political affiliations and the organization of the demonstration. When he identified himself as a member of the Democratic Party, he was subjected to severe physical abuse, resulting in significant injuries, including a broken bone. The assailants continued to torture him, demanding he sign a statement falsely claiming he had not been beaten. They further threatened him against seeking medical attention or public exposure, warning that he would be killed if he did not abandon his political activities.

During a subsequent immigration hearing, inconsistencies arose regarding his injuries. Mr. Meçe indicated that his left shoulder had been injured, but there was confusion about whether it was his left arm that was broken, leading to clarification questions from the immigration judge.

Mr. Meçe described an injury he sustained, indicating a prominent bone on his left side, which he demonstrated to the immigration judge (IJ) after removing his shirt. Following his release from the police station, Mr. Meçe experienced severe pain but was too afraid to seek treatment locally, fearing for his life. He traveled to a hospital in Kor, 45 kilometers away, where he was hospitalized on November 10, 2000, and diagnosed with a fractured shoulder. Although advised to stay for a week, he left shortly after treatment due to fear. The Meçes then hid with Mrs. Meçe's parents in Fushe-Kruja for several months, avoiding public exposure and communication. They arranged their escape from Albania through a cousin, departing first to Greece and then to Canada in April 2001. Mr. Meçe later crossed into the U.S. alone by freight train, while Mrs. Meçe remained in Canada for four months before reuniting with him. In Albania, Mr. Meçe's father moved to Tirana to reduce the risk of persecution. To support his asylum claim, Mr. Meçe requested his father to obtain a membership card from the Association of Anti-Communist and Politically Persecuted People, which was provided as evidence.

The Immigration and Naturalization Service initiated removal proceedings against the Meçes upon their arrival in the U.S. They applied for asylum, conceding their removability. An evidentiary hearing occurred in September 2002, where Mr. Meçe claimed a credible threat to his life if returned to Albania. A month later, the immigration judge (IJ) denied their asylum application, ordering removal to Albania or Canada. The IJ's decision was based on three main findings: 

1. **Credibility:** The IJ found Mimi Meçe not credible, stating his account of political persecution was unworthy of belief.
2. **Past Persecution:** Even if his story were accepted, the IJ concluded that he had not suffered past persecution, which would negate a presumption of future persecution.
3. **Ability to Avoid Persecution:** The IJ argued that Meçe had demonstrated the ability to live safely away from his home village for five months, suggesting he could avoid future persecution by relocating within Albania.

The Board of Immigration Appeals dismissed the Meçes' appeal, focusing solely on the credibility issue and agreeing with the IJ's findings of inconsistencies in testimony. However, the decision raised concerns about whether these inconsistencies sufficiently undermined the core claim of persecution, as evidence supported a contrary view. The IJ's findings included specific instances of inconsistency in Meçe's testimony, which were outlined in detail. The conclusion drawn by the Board regarding the IJ's credibility determination was met with skepticism, as the evidence seemed to compel a different interpretation of the Meçes' claim.

The immigration judge (IJ) clarified an alleged inconsistency in Mr. Meçe's asylum application regarding events from mid-January 1998. The application details that during a hunger strike, Sigurimi agents violently confronted demonstrators, including Mr. Meçe, who stated he was punched multiple times. However, the IJ noted that while Mr. Meçe claimed he was beaten in a police cell during his oral testimony, this detail was not mentioned in the written application. When questioned, Mr. Meçe initially attributed the omission to a mistake, asserting that beating did occur at the police station, yet failed to substantiate this claim with the application, raising credibility concerns for the Court.

The IJ emphasized that while the written application describes beatings at the demonstration and inside the station, it does not explicitly state that Mr. Meçe was beaten while in the police station, which he claimed in his testimony. This omission was distinguished from an inconsistency, as it did not contradict the application’s content but rather expanded upon it. The IJ concluded that the lack of mention of one particular beating among many was inconsequential, as it does not undermine the veracity of Mr. Meçe’s overall claims.

Additionally, the IJ expressed disapproval of Mr. Meçe's characterization of the new Socialist government as "Communist or Neo-Communist," which was deemed contrary to prevailing knowledge about the country's conditions, further contributing to the adverse credibility determination against Mr. Meçe.

The U.S. State Department's 2001 profile on Albania disputes claims of a reconstituted Communist regime, but this disagreement does not negate Mr. Meçe's assertions regarding his treatment by Erseka police. His account aligns with the State Department's Human Rights Practices report, which documents police abuses and a poor human rights record in Albania, including reports of beatings and harassment of political opponents. Mr. Meçe endured severe police violence, including being struck with a pistol, kicked, and having his shoulder broken, irrespective of the political affiliations of his assailants.

The immigration judge (IJ) found Mr. Meçe not credible, primarily based on contradictions in his and his wife's testimonies regarding their time in hiding. While both stated they remained isolated for five months, Mr. Meçe claimed to have maintained secret contacts with political associates, which his wife's testimony contradicted, undermining his credibility. The IJ emphasized this inconsistency, stating it made Mr. Meçe's chances of success in his application virtually impossible. Further, the IJ noted Mr. Meçe's claims of secret contacts during his time in hiding were inconsistent with the declared lack of communication or visitors, further damaging his credibility.

The wife testified that she and her husband were constantly together at home, with no outside contact except for previously mentioned interactions. She denied knowledge of any external communications or the alleged involvement of Sigurimi agents, undermining the husband's credibility. The immigration judge incorrectly interpreted her testimony, believing she had claimed no visitors or knowledge of outside matters. In reality, she acknowledged that visitors came to their home, although they would hide during these visits. The husband's assertion that "trusted people" knew their location implies these visitors interacted with them inside the house. 

The judge's conclusion that Mrs. Meçe's testimony entirely discredited Mr. Meçe raises concerns about the judge's impartiality. Analyzing the couple's statements reveals that any inconsistencies are minor and do not preclude the asylum claim. The principle that minor discrepancies do not warrant a negative credibility determination is highlighted, referencing case law. Furthermore, hypothetical scenarios regarding the truthfulness of their statements do not negate the possibility of their mistreatment or detention. The document indicates that the credibility assessment should not dismiss the petitioners' entire narrative based solely on perceived inconsistencies.

An adverse credibility finding must directly address core issues of the applicant's claim, as established in Sylla v. INS, indicating that findings based on irrelevant inconsistencies are improper (Daneshvar v. Ashcroft). Discrepancies not aimed at enhancing a persecution claim do not affect credibility. For instance, Mr. Meçe's assertion of visiting trusted friends while in hiding does not strengthen his claim, nor does it relate to the essence of the applicants’ case. The immigration judge (IJ) criticized Mr. Meçe for claiming membership in the Association of Formerly Politically Persecuted Persons, citing confusion over his membership card from the Tirana branch, which he did not belong to, as it was obtained by his father. Despite this, the explanation surrounding the card's issuance holds credibility, as Mr. Meçe testified he belongs to the Erseke branch and received the card from a nearby branch. The IJ's further comments on the card's status and discrepancies do not significantly undermine Mr. Meçe's credibility, as they stem from misunderstandings rather than factual inconsistencies. Overall, the issues raised by the IJ do not sufficiently challenge Mr. Meçe's credibility regarding his persecution claim.

Mr. Meçe testified that he was merely a member of the association without an official title and could not accurately explain the meaning of the letter "D" on his membership card, suggesting it did not indicate deceit on his part. He noted that if the card were fraudulent, the ambiguous "Status D" would likely have been omitted or he would have had a prepared explanation for it. The association's name appeared inconsistently in different documents, but Mr. Meçe maintained they referred to the same organization, although he could not clarify the discrepancies. His credibility was questioned for this inconsistency, yet the text found it difficult to understand why it would affect his reliability. Furthermore, Mr. Meçe's membership in the Democratic Party of Albania was undisputed. 

The immigration judge's decision included excessive scrutiny of details, such as a forensic report indicating serious injuries sustained by Mr. Meçe. The court expressed confusion over medical terminology, particularly regarding the term "fractura icapulae humeral sinister." The judge failed to interpret the report correctly, despite the terms being translatable to "fracture of the left shoulder blade," which raises questions about the judge's diligence. The text suggests that the judge's lack of understanding might stem from a lack of interest in accurately assessing the evidence presented.

The immigration judge (IJ) personally observed Mr. Meçe's injuries and deemed a doctor's report unnecessary to identify the injury. The IJ claimed that even accepting Mr. Meçe's account of maltreatment, it did not constitute "persecution." However, the narrative of repeated beatings and death threats from police related to his political activism, culminating in severe punishment, aligns with Congress's definition of "persecution." The IJ's assertion that Mr. Meçe could avoid future persecution by relocating within the country was deemed unreasonable, as it would require him to live in hiding under extreme conditions. Consequently, the Board of Immigration Appeals' decision is vacated, and the case is remanded for reassignment to a different IJ for further proceedings consistent with this opinion. Additionally, notes highlight that no government since 1992 has fulfilled the promised benefits for politically persecuted individuals, and there were issues with the translation of medical reports regarding Mr. Meçe's injuries. The criteria for asylum require proof of being a "refugee" due to past or well-founded fear of persecution based on political opinion.

The applicant has the option to relocate within their country to avoid future persecution, and it is deemed reasonable to expect them to do so. The State Department’s 2001 “Profile of Asylum Claims and Country Conditions” presents a more favorable view of the Socialist Party's influence compared to its “Country Reports on Human Rights Practices,” suggesting that credible claims of political persecution are unlikely under the current government. It asserts a lack of evidence for targeted mistreatment based on political grounds. However, there are concerns regarding the thoroughness of the State Department's research, particularly in relation to specific instances of persecution documented in the administrative record of the case. The immigration judge noted Mr. Meçe’s serious injuries, which he claims were inflicted by Albanian government agents at the Erseka police station, and there is skepticism about the judge’s ability to accurately identify the nature of those injuries. The immigration judge had sufficient reason to accept the validity of Mr. Meçe's claims regarding his injuries.