Gjyzi v. Ashcroft

United States Court of Appeals for the Sixth Circuit

Case Number 03-3054

2004 U.S. App. LEXIS 21275

Gjyzi v. Ashcroft concerns Vikto Gjyzi, a native of Albania, who fled Albania in 2000 and eventually filed for asylum under the Convention Against Torture. Gjyzi based his appeal on the claim that he was persecuted for his political beliefs and activities.  Gjyzi was an active member of the Demcratic Party in Albania and claimed that his activism caused him to be persecuted by the Albanian Socialist Party that was supported by the state police.

Gjyzi claimed that over a series of years from 1986 to 2000, he was harassed and harmed by the supporters and protectors of the Socialist Party.  In 1986, his father was killed for his activities with the Democratic Party.  Over the years, Gjyzi served as a member of the electoral commission, chairman of the electoral commission, observed many democratic elections and spoke before large crowds in behalf of the party.  Consequently he was harassed, beaten and threatened on many accounts and told to abandon his support for democracy.  In 1997, he was stopped by police for writing a report investigating the Socialist Party and beaten to the point of hospitalization for three days.  He was later threatened with death or imprisoned if his activities did not cease.  Finally, when the windows of his home were shot out and letter arrived saying this was his last warning he fled to the United States.

Upon appearing before the IJ, it was ruled that Gjyzi’s application for asylum and withholding of removal were to be denied on the grounds that Gjyzi was not credible due to a discrepancy on the date he arrived in the United States (December 5 2000 versus November 5 2000).  Because Gjyzi was not credible, his withholding from removal petition was also denied and the IJ called his application for asylum “untimely” even though it was filed within the year time-limit after entering the US.

When Gjyzi appealed to the BIA, the IJ’s decision to deem Gjyzi lacking credibility was removed. However, the BIA still upheld the IJ’s decision to deny his asylum claim and withholding of removal petition even though they were on the grounds of his lack of credibility.

The United States Court of Appeals for the Sixth Circuit did not able agree with  the logic of the BIA in removing Gjyzi’s credibility status, but still upheld the IJ decision, vacated the order of the BIA and remanded the case back to the BIA.