Hajkoja v. Holder
Hajkoja v. Holder
Opinion of the Court
SUMMARY ORDER
Elvis Hajkoja, a native and citizen of Albania, seeks review of a February 26, 2008 order of the BIA affirming the May 9, 2006 decision of Immigration Judge (“IJ”) Barbara A. Nelson, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Elvis Hajkoja, No. A98 906 419 (B.I.A. Feb. 26, 2008), aff'g No. A98 906 419 (Immig. Ct. N.Y. City May 9, 2006). We assume the parties’ familiarity with the underlying facts and procedural history of this case.
Although Hajkoja faults the IJ’s adverse-credibility, past-persecution, and internal-relocation determinations, we need not resolve these challenges because, even if we were to decide them in Hajkoja’s favor, his petition for review would still fail. That is because substantial evidence supports the agency’s alternative holding that fundamental changes in Albania negate any well-founded fear of persecution.
Because Hajkoja’s withholding-of-removal and CAT claims are based on the same factual predicate as his asylum claim, the agency’s conclusion with respect to the latter forecloses Hajkoja’s eligibility for the former. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006).
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). Petitioner’s motion to hold this petition in abeyance is DENIED as moot.
. Because Hajkoja’s brief adequately addresses the current political situation in Albania, we conclude that he has not abandoned a challenge to the agency’s changed-circumstances determination. Cf. Yueqing Zhang v.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.