Melnik v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
Nos. 15-2212 et al. Cons.
Decision Date: 
May 26, 2018
Federal District: 
Petition for Review, Orders of Bd. of Immigration Appeals
Holding: 
Petitions denied

Bd. did not err in denying aliens’ (citizens of Ukraine) petitions for review of ALJ's denial of their applications for asylum and withholding of removal, alleging that certain “racketeers” in Ukraine subjected them to persecution and extortion based on their membership in social group consisting of small business owners in Ukraine. One alien’s application for asylum was untimely, and said alien was unable to show existence of changed conditions in Ukraine that could excuse his delay in filing application. Moreover, IJ could properly deny both applications for asylum, since proffered social group was not cognizable under applicable statute since, under Orellana-Arias, 865 F.3d 476, aliens had not demonstrated that instant threats and demands for money that they experienced were made for any purpose other than enriching extortionists. Also, aliens failed to present evidence that small business owners are of any particular interest to extortionists other than being convenient target of criminal element looking for source of income.