Wednesday, January 18th, 2017

DHS Grants Asylum in Demiraj v. Holder

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"The case of Demiraj v. Holder 631 F.3d 194, 201 (5th Cir. 2011) involves a family of Albanians who fear persecution by a human trafficker, Bill Bedini.  Edmond Demiraj was slated to testify against the trafficker, who escaped and fled.  Mr. Demiraj was eventually deported to Albania, where he was kidnapped, beaten, and shot by Bedini.  He then returned to the U.S. where he was ultimately granted Withholding of Removal. Withholding - while it involves a legal analysis similar to asylum - offers fewer benefits than asylum status, and specifically, does not automatically grant derivative status to his wife or child.  Thus, Mrs. Demiraj and her son had to file a separate asylum claim, and a different