BALLIU v. GONZALES

No. 04-1468.

467 F.3d 609 (2006)

GENTI BALLIU, Petitioner v. ALBERTO R. GONZALES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 2006.


ROVNER, Circuit Judge.

Asylum applicant Genti Balliu fled Kosovo claiming that Serbian officials persecuted him in retaliation for his participation in a pro-Albanian political organization. Because we find that the immigration judge misallocated the burden of demonstrating a well-founded fear of future persecution, we remand to the Board of Immigration Appeals (BIA) to apply the correct presumption.

Balliu is a native and citizen of Kosovo, a province of...

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