Beruflich Dokumente
Kultur Dokumente
No. 13-2511
No. 14-1530
Argued:
1
Decided:
Before TRAXLER,
Judges.
Chief
Judge,
and
KING
and
THACKER,
Circuit
PER CURIAM:
Ghenet Debesai Naizghi (Petitioner) fled Eritrea in
1994, lived in Italy until 2009, and then applied for United
States
asylum
status
in
2010.
The
Government
opposed
because
she
was
eligible
to
apply
for
Italian
work,
the
Immigration
and
obtain
Immigration
Appeals
medical
Judge
(Board)
care
in
(IJ)
denied
Italy.
and
the
For
these
Board
Petitioners
of
request.
Because of
father,
and
1994,
soldiers
forcibly
entered
1994.
She
had
no
legal
status
and
no
family
or
social
But for
Petitioner
initially
had
obtained
to
be
temporary
renewed
every
work
year
but
In
permit,
which
later
became
Nonetheless,
employed,
Italy
even
at
consistently
period of 12 years.
times
renewed
when
her
Petitioner
work
was
permit
not
over
she
could
afford
rent,
Petitioner
rented
room
in
an
for
citizenship.
Thus,
Petitioner
claims
she
became
Two years
Petitioners
uncontroverted
testimony,
to
According
complete
the
Italy
in
Eritrea
authenticated.
and
have
A.R. 150. 2
[a]
document
translated
and
would expose her to the same fate that befell other members of
her
family,
required
Petitioner
forms
except
submitted
the
her
application
authenticated
document.
with
all
Italy
However, Petitioner
By virtue of her
the
Following
Italian
the
government
sexual
covered
assault,
her
medical
Petitioner
traveled
At
While in
soldiers
question Petitioner.
interrupted
the
meeting
and
demanded
to
The soldiers
then took her to another location, where they held her captive
in a small, poorly ventilated structure.
assaulted, and starved her for eight days before her mother was
finally able to successfully bribe the soldiers to release her.
On September 8, 2008, Petitioner fled once again to
Italy,
intending
to
use
the
country
as
stepping-stone
for
In February 2009,
14 years in Italy.
United
States,
her
legal
documents,
including
her
to Appear on April 20, 2010, alleging she had overstayed her B-2
travel visa.
withholding
of
removal.
The
Government
did
not
oppose
Petitioners
testimony
regarding
citizenship
of
her
work
permit,
and
her
ability
to
receive
IJ
granted
Petitioners
application
for
the
Board
affirms
the
IJs
opinion
and
Immigration & Naturalization Serv., 172 F.3d 329, 331 (4th Cir.
1999).
conclude
to
the
contrary.
Cordova,
759
F.3d
at
337
Illegal
Immigration
Reform
and
Immigrant
being
eligible
for
asylum
if
he
or
she
was
firmly
States.
8 U.S.C. 1158(b)(2)(A)(vi).
fills
this
definitional
gap,
defining
firm
resettlement as follows:
An
alien
is
considered
to
be
firmly
resettled if, prior to arrival in the United
States, he or she entered into another
country with, or while in that country
received, an offer of permanent resident
status, citizenship, or some other type of
permanent resettlement . . . .
8
C.F.R.
1208.15.
Additionally,
the
Board
has
provided
See
the
government
proffers
prima
facie
evidence
In step
that
the
See A-
Id. at 503.
See
id.
See id.
the
applicant
must
establish
that
she
meets
one
of
the
See
id.
At the first step, the Government bears the initial
burden of proffering prima facie evidence of firm resettlement.
See A-G-G-, 25 I. & N. Dec. at 501.
10
Indirect evidence is
equal
weight
to
indirect
evidence,
such
as
the
an
there.
alien
the
Id.
circumstantially
right
to
lawfully
Nonetheless,
demonstrate
that
and
permanently
indirect
the
alien
reside
evidence
was
may
offered
Id. at 502.
11
period
of
residence
in
third
country
cannot,
by
Cf.
only
of
require[s]
that
an
offer
firm
resettlement
Board
justified
this
rule
as
necessary
to
was
Id. at 503.
protect
the
Id.
B.
We have held that when an agency interprets its own
regulation,
the
agencys
interpretation
controls
unless
that
U.S.
452,
461
(1997)).
The
parties
agree
that
the
Boards
statute
deference.
and
regulation,
and
should
be
given
We
also agree.
C.
Applying the Boards framework as laid out in A-G-G-,
substantial
Petitioner
evidence
was
firmly
supports
the
resettled
Boards
in
conclusion
Italy.
The
that
Government
that
arriving
Petitioner
in
the
was
United
firmly
resettled
States,
and
in
Italy
Petitioner
before
did
not
ten-year
stay
in
Italy,
she
was
eligible
to
apply
for
The Government
work
to
permit,
travel
which
pursuant
she
to
renewed
the
several
permit;
her
times;
her
receipt
of
13
1999)
(A
duration
of
residence
in
third
country
740
F.3d
379,
394
(6th
Cir.
2014)
(concluding
that
the
prima
preponderance
of
facie
the
case
of
firm
evidence.
25
I.
resettlement
&
N.
Dec.
by
at
503.
she
was
See id.
unable
to
Italys
citizenship
process
because she could not obtain a required form from Eritrea, but
she then returned to Eritrea and still did not obtain the proper
paperwork.
Therefore,
we
cannot
14
say
that
reasonable
15
grant
rebutted
the
the
petition
Governments
permanent status.
for
review.
evidence
of
In
an
my
view,
Italian
Naizghi
offer
of
authenticated
documents
through
the
Italian
Embassy
by Italy.
the
government
from
prayer
meeting
and
subjected
to
In my
16