Stanojkova v. Holder

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  • vicsinad
    Senior Member
    • May 2011
    • 2337

    Stanojkova v. Holder

    This is a 2011 court case. My hunch is that these Macedonians are lying so they can stay in America. (We can place bets on the credibility of their entire story.)

    But what disturbs me (and what makes the story difficult to believe) is that they would say they supported the he supported the Albanians armed resistance against Macedonia.

    What also disturbs me is that we are still called "ethnically Slavs". I am writing a letter to those judges now.

    Here's the first page of the case, and you can read more of it at the site.

    POSNER, Circuit Judge.
    One of the nations that emerged from the breakup of Yugoslavia was Macedonia. Ethnically it is mostly Slavic, but about a quarter of the population is Albanian. Albanian extremists began an insurrection in January 2001; it petered out after Macedonia agreed, in the "Ohrid Framework Agreement," signed in August, to grant greater rights to the Albanian minority. See, e.g., Julie Kim, "Macedonia: Country Background and Recent Conflict" (Congressional Research Service, CRS Report for Congress, March 28, 2002), http://congressionalresearch.com/RL30900/document. php?study=Macedonia+Country+Background+and+ Recent+Conflict (visited June 29, 2011). Some violence persisted into the fall, and both sides accused the other of human rights violations. A State Department country report for 2002, entitled "Macedonia, the Former Yugoslav Republic of," March 31, 2003, http://www.state.gov/g/drl/ rls/hrrpt/2002/18379.htm (visited June 29, 2011), recounts extensive human rights violations by government forces, including a paramilitary police unit known as the "Lions."
    The petitioners, Gjorgji Naumov and his wife, Ivanka Stanojkova, are Macedonian Slavs. In 2001 Naumov was drafted into the Macedonian Army. He refused to report for duty, because he disapproved of the government's effort to suppress Albanian demands for greater rights; he thought the demands justified.
    On July 2, 2002, when Naumov and his wife, who had just learned she was pregnant, were living with his parents, three men broke into the home. It was midnight and they were armed, masked, and dressed in black. They rendered the parents unconscious with a chemical spray. One of the assailants held a gun to Naumov's head and explained that he and his companions had broken into the Naumov home because Naumov and his wife were "against the Macedonians" and "betrayers of Macedonia" and Naumov "did not participate in the war" (that is, the suppression of the Albanians' insurrection). Another of the assailants ripped open the wife's pajama top and fondled her breasts. He told her he could do to her whatever he wanted to do. He touched and grabbed her "all over her body" as she cried. When her husband told the assailants that his wife was pregnant, one of them replied that he was not "man enough to have Macedonian kids." Naumov tried to defend his wife but his attacker beat him on the head and back with his gun, causing bruises and swelling. When his wife's assailant tried to rip off her pajama bottoms she screamed very loudly, whereupon all three attackers left—though not before taking the Naumovs' money and jewelry. She was afraid she would lose the baby, and visited her doctor the next day; he found nothing wrong, and the pregnancy proceeded normally.
    The police—whom Naumov had called as soon as the attackers left—didn't arrive until six hours later. They told him the assailants were "Lions," the implication being that the ordinary police, the police who had come in response to Naumov's call, couldn't protect the Naumovs because the Lions were fellow police, presumably more influential than ordinary police because of their paramilitary character. So two days after the attack the Naumovs fled the country. Eventually they came to the United States, but without a visa. Removal proceedings were instituted. The couple asked for asylum and other relief, but the immigration judge denied all relief and ordered them removed to Macedonia. The Board of Immigration Appeals affirmed in a perfunctory opinion by a "panel" consisting of one member of the Board.
    The petitioners missed their deadline for seeking asylum, but remain eligible for withholding of removal and for deferral of removal on account of torture, although they do not press the torture claim, so we'll ignore it.
    Withholding of removal (8 U.S.C. § 1231(b)(3)) requires a determination that the applicant (in this case applicants) will more likely than not be subjected to persecution if removed from the United States. INS v. Cardoza-Fonseca, 480 U.S. 421, 430 (1987); Toure v. Holder, 624 F.3d 422, 428 (7th Cir. 2010); Quao Lin Dong v. U.S. Attorney General, 638 F.3d 223, 228 (3d Cir. 2011). A finding of past persecution creates a rebuttable presumption of future persecution. 8 C.F.R. §§ 208.16(b)(1)(i), 1208.16(b)(1)(i). The Naumovs rely on the presumption.


    POSNER Circuit Judge. One of the nations that emerged from the breakup of Yugoslavia was Macedonia. Ethnically it is mostly Slavic...20110714111
    Last edited by vicsinad; 07-15-2011, 07:23 AM.
  • Bill77
    Senior Member
    • Oct 2009
    • 4545

    #2
    This is a comedy surely. This sounds alot like the movie "Balkankan" minus the fondling of the wife's breasts, which was not part of the movie. I bet this movie gave them the idea and i am surprised they did not claim a rug was stolen with the Mother-in-law named Zumbula wrapped inside it. A couple of desperate lying idiots if you ask me.

    Re letter to the judges, don't let up mate, ask them to explain what an ethnic slav is. And before that give them a brief education while your at it. They will probably ignore you, but its better they read it than not i suppose.
    http://www.macedoniantruth.org/forum/showthread.php?p=120873#post120873

    Comment

    • vicsinad
      Senior Member
      • May 2011
      • 2337

      #3
      Thanks Bill. Here is the letter I e-mailed to him. We shall see if I get a response.

      The Honorable Richard A. Posner:

      As a law student, I learn from reading your decisions and appreciate your contribution to justice in America. As an ethnic Macedonian son of Macedonian immigrants, I have a duty to my ancestors that spilt blood throughout the 19th and 20th centuries to achieve an independent Macedonia for Macedonians. I also have a duty to protect my right to self-identify and to halt discrimination when confronted with it. It is in this spirit that I write to you.
      In a June 14th, 2011 decision that you issued, Stanojkova v. Holder, you wrote that Macedonia is comprised mostly of ethnic Slavs and that the petitioner was an ethnic Slav. While I sincerely believe that you did not intend to discriminate against Macedonians when you wrote this decision, the term ‘Slav’ is brutally discriminatory for ethnic Macedonians (for reasons I will describe below) and I felt insulted when reading parts of this case. No “ethnic Slavs” exist in the world. Russians, Macedonians, Serbians, Slovakians and others speak languages that share Slavic elements, just as Italians, French and Spanish people speak languages with a Latin basis. However, just as there are no “ethnic Latins” today, there are no “ethnic Slavs” today. The “Slavic ethnic group” from Macedonia that you mention is recognized by the United States as ethnic Macedonians who speak the Macedonian language. Their country is the Republic of Macedonia.
      In the early 1900s, ethnic Macedonians finally achieved independence from 500 years of Ottoman rule. However, Macedonia’s neighbors were not kind to her. In 1913, they invaded Macedonia and ethnically cleansed the Macedonians. After several wars, Greece, Bulgaria and Serbia divided Macedonia into three parts. The Serbians and Bulgarians referred to the people of their newly occupied territory as Serbians and Bulgarians, respectfully. Because the Macedonians speak a language with Slavic elements, the Bulgarians and Serbians justified their claims by stating that the different language of the people in their newly acquired territories was simply a dialect of their languages. The Greeks claimed that the people on their occupied land were people who spoke some Slavic tongue, but were ethnically Greeks, as the Greek language is not based on Slavic elements. Throughout the 20th century, the Greek government expelled hundreds of thousands of Macedonians from Greece, and further jailed and executed people who spoke Macedonian in public. Moreover, despite international courts rulings against Greece, Greece continues to deny Macedonians the right to politically organize and self-identify.
      Since the dissolution of Yugoslavia and the achievement of independence for one-third of Macedonia, that Macedonian identity has been eroded by Greece. Greece officially denies that Macedonians exist as an ethnic entity and it denies the right of people within Greece to speak Macedonian or to claim that they are ethnic Macedonian. Greece does this despite reports from Human Rights Watch and the United Nations stating that hundreds of thousands of Macedonians exist within Greece and that Greece continues to consistently violate Macedonians’ human rights. Further, Greece and Macedonia are locked in a name dispute because Greece does not believe that Macedonia has a right to the name Macedonia and its people has no right to identify as Macedonians. If they were to say otherwise, then they would have to admit that the “Slavic-speaking” people in Greece are Macedonians. This would then begin to reverse Greek policies that included a century of ethnic cleansing and homogenization of inhabitants of Greece by the Greek government.
      The Greek community has relatively exceptional influence in American politics, media and business compared to the Macedonian community. As a result, Greece’s discriminatory policy that the people of the Republic of Macedonia are nothing but ‘Slavs’, ‘Skopjans’, or ‘FYROMians’ has pervaded American society. To ethnic Macedonians, these terms are highly degrading and inaccurate. They remind us of the persecutions our forefathers faced simply because they were Macedonian. They remind us that even the so-called cradle of democracy (Greece) is denying Macedonia’s rights to join international institutions under their constitutional name. They remind us that, even in American society, discrimination is still prevalent and many people are working to eliminate the existence of Macedonians. Macedonians’ right to self-determination is not afforded the same protection as most other peoples are afforded.
      Thus, I respectfully request, should in the future you come across a case or issue relating to Macedonia and the Macedonians, that you consider my comments.

      Thank you,

      Victor Sinadinoski
      JD Candidate, Vermont Law School 2012
      PO Box 931
      South Royalton, VT 05068

      Comment

      • Bill77
        Senior Member
        • Oct 2009
        • 4545

        #4
        ^^^

        Wow

        Da si ziv brat, I bow to you.
        you are a perfect example and an should be an inspiration to the rest of the Macedonia.
        http://www.macedoniantruth.org/forum/showthread.php?p=120873#post120873

        Comment

        • Risto the Great
          Senior Member
          • Sep 2008
          • 15658

          #5
          Well done with the letter Vic.
          I find it hard to believe the Naumovs were so supportive of the ethnic Albanian terrorists. Sounds to me like a Green Card attempt. Perhaps the local Macedonian community should play a name and shame campaign with these morons.
          Risto the Great
          MACEDONIA:ANHEDONIA
          "Holding my breath for the revolution."

          Hey, I wrote a bestseller. Check it out: www.ren-shen.com

          Comment

          • vicsinad
            Senior Member
            • May 2011
            • 2337

            #6
            Thanks guys!

            I got a response back saying that he'll take into consideration my comments next time he is presented with an issue relating to Macedonia.


            You're right Risto -- green card attempt is what it sounds like. I've read dozens and dozens of cases like this of Macedonians coming from Bulgaria and Albanians coming from Macedonia. Many seem credible; others just seem ridiculous and exaggerated.

            Comment

            • Stojacanec
              Member
              • Dec 2009
              • 809

              #7
              great work Vic, pozdrav!

              Comment

              • julie
                Senior Member
                • May 2009
                • 3869

                #8
                Well done , Love your work Vic
                "The moral revolution - the revolution of the mind, heart and soul of an enslaved people, is our greatest task."__________________Gotse Delchev

                Comment

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