Voci v. Gonzales

Appellant Alket Voci, a native of Albania, appeals a decision of the Board of Immigration Appeals ("BIA"), in which the BIA affirmed the Immigration Judges ("IJs") denial of Vocis application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture ("CAT"). The BIA rejected the IJs determination that Voci lacked credibility, but agreed nonetheless that Voci had failed to demonstrate eligibility for asylum or for other relief. Because Vocis testimony has been accepted by the BIA as credible, we hold that the BIA erred in determining that the incidents of police mistreatment described by Voci did not rise to the level of persecution under the Immigration and Nationality Act ("INA"). While we take no position concerning whether Voci will ultimately be entitled to the relief he seeks, the absence of analysis in the BIAs decision requires remand to the BIA, in order to permit the BIA explicitly to address the issues implicated by Vocis application for asylum. In addition, if upon remand Voci is able to establish that he suffered past persecution, it may be appropriate for the agency to address whether the government has shown that conditions in Albania have changed, such that Voci no longer has a reasonable fear of facing persecution if he were to return.