· 9/6/2006
Aneta Lumaj v. Alberto R. Gonzales
Citations
- 462 F.3d 574
- 2006 U.S. App. LEXIS 22640
- 2006 WL 2547466
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an asylum applicant had not suffered past persecution where she “claim[ed] to have been beaten and to have suffered some bodily injuries, but she was not detained, imprisoned, tortured, or sexually assaulted in any way”
- holding that an isolated incident where petitioner was attacked at a political rally, beaten, and forced into a car in an unsuccessful attempt to abduct and sexually assault her did not rise to the level of persecution
- noting that if an incident was isolated, with “no evidence . . . that the attack was any more than a random criminal act,” it was less likely to be sufficient for a finding of persecution
- noting that because an incident was isolated, with “no evidence . . . that the attack was in any way more than a random criminal act,” it was less likely to be sufficient for a finding of persecution
- finding no persecution where police officers attacked, beat, and attempted to kidnap petitioner, reasoning that “one, isolated incident, of limited severity, does not constitute ‘persecution’”
- rejecting a claim of well-founded fear of future persecution because although a widespread threat of violence existed in Albania, there was no evidence that individuals were targeted on political grounds
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons, Rogers, Holschuh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.