Stserba v. Holder

646 F.3d 964 (2011)

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Stserba v. Holder

United States Court of Appeals for the Sixth Circuit
646 F.3d 964 (2011)

Facts

In 2003, Attorney General Eric Holder (plaintiff) initiated deportation proceedings against Lilia Stserba, Igor Anatolievich Pabo, and Anton Stserba (defendants) after Lilia and Igor sought asylum. During the proceedings before an immigration judge (IJ), the IJ heard evidence that after Estonia obtained independence in 1999, the government stripped all ethnic Russians like Lilia of their citizenship. Although Lilia and Igor regained their Estonian citizenship, they testified that they faced discrimination due to their Russian ancestry. Lilia testified she lost her medical license when Estonia declared independence, limiting her employment to cleaning or working for a Russian-language school. Lilia also testified that when Anton was born in 1992, medical staff neglected him and worsened a genetic condition Anton suffered from birth. Lilia and Igor testified that she was physically harassed by Estonian citizens, including an instance where Igor was stabbed by someone with a knife. Lilia and Igor both testified that the authorities offered no help, instead detaining Igor on at least one occasion. The IJ found that Lilia and Igor testified credibly but denied the asylum application. The IJ found that the testimony did not demonstrate past persecution, given that Lilia regained her citizenship after she was convinced to sell her vote in an election. The IJ also found that Lilia’s employment prospects were not limited so much as to constitute persecution. Lilia, Igor, and Anton appealed to the Board of Immigration Appeals (BIA), which affirmed the decision. Lilia, Igor, and Anton appealed to the Sixth Circuit, reasserting their application for asylum.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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