Rizaja Pelinkovic, Sanija Pelinkovic, and Svebor Pelinkovic v. John D. Ashcroft, Attorney General of the United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• relying in part on the change in conditions following the removal of Milosevic as a basis to uphold BIA decision.
• taking judicial notice that country conditions for ethnic Albanians in Serbia and Montenegro in 2004 are much improved over conditions in the early 1990s
• affirming BIA’s denial of a motion to reopen application for protection under CAT when applicant failed to provide a “particularized showing” that he or his family would be individually targeted for torture
• “The country conditions in Serbia and Montenegro, which, after a decade of strife, have finally changed for the better, are yet another reason to uphold the BIA’s decision.”
• “We note, as we have many times before, that crisis conditions common to all citizens of the affected country do not present a prima facie case warranting reopening of an asylum claim.”
• “[T]he Pelinkovics’ failure to make a particularized showing that any of them would more likely than not be subject to torture upon their return, as differentiated from the general risk shared by all ethnic Albanians in Montenegro, dooms their case.”

Source: CourtListener parenthetical corpus (CC0).