06 October 2005

Board of Immigration Appeals Dismisses Homeland Security Appeal Challenging the Immigration Court’s Grant of Politcal Asylum to an Albanian Citizen.

We are very pleased to report that this week the BIA dismissed an appeal of the Department of Homeland Security challenging the Immigration Court’s grant of an application for Political Asylum to an Albanian Citizen.

The Albanian man’s application for political asylum was based upon his active affiliation with Albania’s Democratic Party. Just over one year ago, after a full trial on the merits of his Asylum claim, the Immigration Court granted his application. Homeland Security appealed on the grounds of credibility and that Albania’s country conditions did not support the applicant’s claims, despite the fact that the Immigration Judge stated on the record that “application was thorough and complete in every way” with regard to establishing Albania’s country conditions, and that the applicant appeared to be entirely “truthful and credible in his testimony”.

In support of its appeal, Homeland Security submitted a lengthy brief, which was met with the CELLA & ASSOCIATES reply brief. After a year pending, the BIA dismissed Homeland Security’s appeal without comment, finalizing the applicant’s political asylum grant.

The Albanian man has now filed for his Adjustment of Status, and will likely be a lawful Permanent Resident (green card holder) in just under one year.

The attorneys and staff at CELLA & ASSOCIATES LLC handled the aforementioned political asylum application and subsequent appeal.

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