Dedja v. Mukasey
Dedja v. Mukasey
Opinion of the Court
SUMMARY ORDER
Petitioner, Eduard Dedja, a native and citizen of Albania, seeks review of a September 28, 2007 order of the BIA affirming the October 13, 2005 decision of Immigration Judge (“IJ”) Barbara A. Nelson denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).
When the BIA adopts the decision of the IJ and supplements the IJ’s decision, this Court reviews the decision of the IJ as supplemented by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.
Substantial evidence supports the agency’s determination that country conditions in Albania have significantly changed such that Dedja does not have a well-founded fear of persecution.
Because Dedja was unable to show the objective likelihood of persecution needed to make out an asylum claim, he was necessarily unable to meet the higher standard required to succeed on his claims for withholding of removal and CAT relief where those claims were based upon the same factual predicate. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006); Kyaw Zwar Tun v. INS, 445 F.3d 554, 567 (2d Cir. 2006) (holding that torture is “something more severe than the kind of treatment that would suffice to prove persecution”).
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, any pending motion for a stay of removal in this petition is DISMISSED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(b).
. Although Dedja is challenging the denial of relief in "asylum-only” proceedings, as opposed to an actual removal order, this Court nonetheless has jurisdiction under 8 U.S.C. § 1252(a)(1) because the denial of relief in these circumstances is the functional equivalent of a removal order. See Kanacevic v. INS, 448 F.3d 129, 134 (2d Cir. 2006).
. Because Dedja does not challenge before this Court the agency’s denial of "humanitarian asylum” under 8 C.F.R. § 1208.13(b)(l)(iii), any such challenge is deemed waived. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1, 545 n. 7 (2d Cir. 2005). Contrary to the government’s assertion, however, Dedja did not waive any challenge to the agency’s denial of CAT relief because he specifically asserts in his brief before this Court that record evidence demonstrates his eligibility for that relief.
Reference
- Full Case Name
- Eduard DEDJA, a.k.a. Saimir Mema v. Michael MUKASEY, Attorney General of the United States
- Status
- Published