found angelo who is the mother and the plan the actual lead responded in this case to be credible she found her testimony to be plausible and consistent with the asylum application and she also there are multiple threats to him and to angela he's arrested and beaten on three occasions and in fact the th occasion occurs after she leaves during the elections of june of two thousand and fifteen he's beat again by the police in the socialist party the major actor in this case is poland who's a member of the palm and and he's a very very powerful individual in this area of albania albanians the size of new jersey about three million people it's completely socialist today the government turned socialist in june of two thousand and thirteen during the elections took place in september of two thousand and thirteen the recent elections the entire country is now socialist and she was threatened on several occasions personally threatened during one occasion when she was at the restaurant alone and she was told by the chairman of the socialist party nicole the husband was not president this time that they were going to burn the entire restaurant down with the entire family in the restaurant  she was threatened again to nicole and said that she would be sold kidnapped and sold into prostitution this occurs regularly albania and there is real fear in her  i'm sorry that it's a case of future persecution but without a doubt there is no doubt that there is past persecution here seventy years of persecution her entire family mother father two sisters three brothers have been granted the chairman of the commune at the family's been persecuted for decades ignored by the court this court does not know that there have been other actions that have occurred since she has come to the pending i represent her in that case very well documented case actually made the newspapers there a passer by actually stopped the nd kidnapping and the caller was actually beaten again in august of two thousand and seventeen and the restaurant was the socialist party that's pending at the board of immigration appeals in a motion to reopen i filed seven months ago hasn't been adjudicated i was hoping that it would be adjudicated before we came here today because if it was granted i wouldn't be here today and it was denied i would have made it part of this record today so the record is not before you future persecution there's no doubt nicole's the only one that's still there there's been a long standing threats of persecution and actual persecution she has she's in the owner of risk judge buckskin talks about it a little bit and there's a footnote with respect to our reporter decisions by this court but you have to have similar characteristics to the other person who's parliament member the right to have meetings in the restaurant that started in two thousand and five and then actually started the persecution to this family she has similar characteristics she has a direct threat to her that will bring the restaurant down with the entire family over and over again they weren't allowed to go to school they had to change schools janabi had a chance schools in that case there were no beatings there were no arrests no harm physical harm whatsoever importance over and this court found that there was a well found persecution i find it hard to believe that the judge made the finding of her being credible implausible and also that she had a subjective fear but didn't go to the point that she found the well founded fear of persecution how much harm you need to be inflicted on that person clearly nicole is political pending opinion is imputed to angela and she was a democratic party member and an activist there is a religious part of this case that really was not on brought forward at the individual hearing before judge books banned they were catholics and fact one of them of raids on the house they tried to break the statue of the virgin mary that part of the case was never really well developed  its really a political case i would really claim based on the facts of this case that there is past persecution and there's a very good likelihood of future persecution points turkey is still there he's still a member of the parliament they call a deputy swapping in albania he was a socialist party member and then he switches to the democratic party he gets elected in the democratic party polman in twenty thousand and ninety three months later he resigns and he goes chance it's a likelihood a possibility of ten percent that you will be persecuted the facts of this case the history of the family and all of the family grants or of asylum or in there how mother her father hard three brothers and her two sisters there's no doubt that she to six month period i think everything has been slowed down on this administration because has been such an emphasis on immigration there's been a tremendous amount of arrests so that it's not likely that we have a decision on the motion to the ground those same police allegedly threatened to sell you into sexual slavery in a foreign country every election cycle your husband gets beaten in a local political leader threatens to burn down your restaurant and and kill your son in that circumstance wouldn't you be afraid of returning you in a persecution of an extreme conflict as i'm sure you know and these events which took place over so what would you be afraid of return counselor as the immigration judge found she does has subjective fear of persecution that is undisputed and no one is contesting that she is afraid of returning to her home country now whether or not her experiences the level of persecution the immigration judge and the board agreed it did not as i said what about the case of sorry to interrupt but just help me understand we've got a nd circuit case tamar do versus and these cases are fact dependent each case is different and here the morning immigration judge found that she did not possession possess an objective leave reasonable fear of persecution where the  as the record indicates her husband was he was arrested on three occasions and detained she on the other hand what the threats were conditional they were not in a sense imminent or menacing as many cases have said that threats need to be in order to ri restaurant that is the whole main source of the dispute she's the co author of she's been directly threatened herself her arrest and has been shot at her home she did knock down in her home homes been searched one why isn't that a slight at a minimum slight discernible fear that something could happen to her if she would go back when she's found to be credible it's not all those facts but for the immigration judge to say there's no indication that they're inclined to target her on those facts i don't know how that conclusion can be drawn from those facts that the immigration judge accepted because as the record indicates there has been no continued interest in her socialist party members have not asked about her not inquired about her when she was associated with her husband and they've had continuing interest in her husband right that's in the record so if they had interest in her at the time when she was with her husband why would they be continuous to her when she went back pivot for them to once again can exercise control they threatened her with to turn to prostitution not to get her to call us something but to get him to call us to something to shut up the restaurant to put the fear of god and into both of them they then they pushed her down to two to intimidate him i mean her presence guarantees that they'll be interested in her again because she's one way that they can put pressure on him isn't that doesn't make perfect sense and he can fact that she's gone i mean it's true that they don't ask about it because now they've lost that lover but when she's there they do these things to her yes as the record indicates that the threats have been condition has not to the level of persecution where yes they pushed her you hand it tightly let me ask you a question you had a friend whose house was shot and they were scared to death you think that would be reasonable and as i said  business was shot up she was threatened that they would send her into prostitution and for some administrative law judge to say that that's not  i would also just state that she has no protection if she goes back they've been accosted by the police the police are controlled by the socialist party the socialist party controls the entire country right now when socialists go in they basically get rid of all the democrat democratic police she can't go and get protection if she has a problem when she returns she has no one to protect her there was also no actual jewel of the record that you made the record that you in the future honor and then also there's been no separate adjudication of the cat claim chargeback spend denied the cat claim based on the fact that she didn't have a well founded fear of persecution on the asylum claim even though she found her claim credible she didn't really go through the ca analysis thank you ron as we've asked that the kids be reversed how do you how do you respond to the argument that if you look at the state department country reports that suggests that over time things are getting better in albania i respond that they or there is corruption but not in there is there are some isolated incidents of the kind that this case might fall within but it's not necessarily systemic now to the country b i would respond with based on the fact that the reports are a year to year and a half all by the time they get to the court i always use an expert on country conditions was not done in this case i use d fischer all the time he goes to albania four times a year gives up to dig you know conditions as to what's going on wasn't done here i keep up to date on i use an expert in every asylum case i don't do an asylum case without it so i always counteract the state department reports by using an expert on that country and their outdated what's going on right now in albania is completely different from the reports that are in this record go through ok thank you thank you for your time here on this thank you