Aneta Lumaj v. Alberto R. Gonzales, 462 F.3d 574 (6th Cir. 2006). · Go Syfert
Aneta Lumaj v. Alberto R. Gonzales, 462 F.3d 574 (6th Cir. 2006). Cases Citing This Book View Copy Cite
“this one, isolated incident, of limited severity, does not constitute 'persecution.”
122 citation events (122 in the last 25 years) across 1 distinct court.
Strongest positive: Angeles Fernandez-Galvan v. Merrick Garland (ca6, 2021-03-16)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Angeles Fernandez-Galvan v. Merrick Garland
6th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
this one, isolated incident, of limited severity, does not constitute 'persecution.
cited Cited as authority (rule) Elizabeth Simon-Domingo v. Merrick B. Garland
6th Cir. · 2024 · confidence medium
See 8 C.F.R. § 1208.13 (b)(2); Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir. 2006).
cited Cited as authority (rule) Yi Zhang Lin v. Merrick B. Garland
6th Cir. · 2023 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir. 2006).
discussed Cited as authority (rule) Ansly Damus v. Merrick B. Garland
6th Cir. · 2023 · confidence medium
Even a single instance of physical violence will fall short unless the violence rises to a level of “sufficient severity[.]” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir. 2006); see also, e.g., Lopez-Lopez, 2022 WL 168788 , at *3 & n.1 (citing cases).
discussed Cited as authority (rule) Jimmy Sagastume-Hernandez v. Merrick B. Garland
6th Cir. · 2022 · confidence medium
Sagastume-Hernandez has not shown that he faces an individualized threat beyond the general threat to the population from “crime.” Cf. Kamara v. Holder, 362 F. App’x 466 , 470–71 (6th Cir. 2010) (rejecting a claim of well-founded fear of future persecution where the petitioner could not establish why the “bad people” running his country would single him out for harm); Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir. 2006) (rejecting a claim of well-founded fear of future persecution because although a widespread threat of violence existed in Albania, there was no evidence that indivi…
discussed Cited as authority (rule) Jimmy Sagastume-Hernandez v. Merrick B. Garland
6th Cir. · 2022 · confidence medium
Sagastume-Hernandez has not shown that he faces an individualized threat beyond the general threat to the population from “crime.” Cf. Kamara v. Holder, 362 F. App’x 466 , 470–71 (6th Cir. 2010) (rejecting a claim of well-founded fear of future persecution where the petitioner could not establish why the “bad people” running his country would single him out for harm); Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir. 2006) (rejecting a claim of well-founded fear of future persecution because although a widespread threat of violence existed in Albania, there was no evidence that indivi…
examined Cited as authority (rule) Wilson Lopez-Lopez v. Merrick B. Garland (3×) also: Cited "see"
6th Cir. · 2022 · confidence medium
On the other hand, “enforcement efforts resulting in 1 See also Marikasi v. Lynch, 840 F.3d 281 , 289–90 (6th Cir. 2016) (finding of persecution was not compelled where the petitioner was beat by her husband for her religious beliefs and hospitalized); Mohammed, 507 F.3d at 371 (same where the petitioner was held in police custody for three days and was slapped and kicked); Lumaj, 462 F.3d at 577 (same where the applicant was beaten and suffered bodily injuries but was not detained, imprisoned, tortured, or sexually assaulted); Pilica, 388 F.3d at 954 (same where the petitioner was twice a…
discussed Cited as authority (rule) Marlon Abarca-Fuentes v. Merrick Garland
6th Cir. · 2021 · confidence medium
(AR 81.) The IJ’s decision found this insufficient to rise to the level of persecution, and we find this conclusion reasonable given that persecution does not include every type of treatment society regards as “unfair, unjust, or even unlawful or unconstitutional.” Marikasi, 840 F.3d at 288 (quoting Lumaj v. Gonzalez, 462 F.3d 574, 577 (6th Cir. 2006)).
discussed Cited as authority (rule) Roselyne Marikasi v. Loretta Lynch
6th Cir. · 2016 · confidence medium
The INA does not define persecution, but this court has held that it “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir. 2006) (internal quotation omitted).
discussed Cited as authority (rule) Jose Vasquez-Padilla v. Loretta Lynch
6th Cir. · 2016 · confidence medium
Vasquez-Padilla frames this as a due process issue, but we have “reaffirmed ... on numerous occasions” that “the streamlined procedures of the BIA do not violate due process.” Lumaj v. Gonzales, 462 F.3d 574, 576 (6th Cir. 2006) (citing Denko v. INS, 351 F.3d 717, 729 (6th Cir. 2003)).
discussed Cited as authority (rule) Melchor-Reyes v. Lynch
6th Cir. · 2016 · confidence medium
We have “reaffirmed ... on numerous occasions” that “the streamlined procedures of the BIA do not violate due process.” Lumaj v. Gonzales, 462 F.3d 574, 576 (6th Cir.2006) (citing Denko v. INS, 351 F.3d 717, 729 (6th Cir.2003)).
discussed Cited as authority (rule) Bi Qing Zheng v. Loretta Lynch
6th Cir. · 2016 · confidence medium
It is more difficult to obtain withholding of removal than it is to obtain asylum because “[t]he burden of proof for withholding of removal is more exacting than that -for asylum.” Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006).
cited Cited as authority (rule) Vasil Sabov v. Loretta E. Lynch
6th Cir. · 2015 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006).
discussed Cited as authority (rule) Cruz-Ibarra v. Lynch
6th Cir. · 2015 · confidence medium
While “persecution” is not statutorily defined, Haider v. Holder, 595 F.3d 276, 286 (6th Cir.2010), it “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Mohammed v. Keisler, 507 F.3d 369, 371-72 (6th Cir.2007) (quoting Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006)).
discussed Cited as authority (rule) Abdou Mohamedene v. Loretta E. Lynch
6th Cir. · 2015 · confidence medium
It is more difficult to obtain relief pursuant to an application for withholding of removal than it is pursuant to an application for asylum because “[t]he burden of proof for withholding of removal is more exacting than that for asylum.” Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006).
cited Cited as authority (rule) Wisam Yousif v. Loretta E. Lynch
6th Cir. · 2015 · confidence medium
See Zhao v. Holder, 569 F.3d 238 , 246 n. 10 (6th Cir.2009); Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006).
discussed Cited as authority (rule) Ying Chen v. Eric Holder, Jr.
6th Cir. · 2014 · confidence medium
Because the “clear probability” standard applicable in *343 cases concerning withholding of removal is a more stringent standard than the “well-founded fear of persecution” requirement for asylum cases, “an applicant who fails to establish a well-founded fear of persecution for purposes of establishing asylum is necessarily ineligible for withholding of removal.” Zhao, 569 F.3d at 246 n. 10 (citing Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006)); see also Hachem, 656 F.3d at 435 (“Because [petitioner] was found not credible, he failed to present adequate and credible evidenc…
cited Cited as authority (rule) Xuejiao Deng v. Eric Holder, Jr.
6th Cir. · 2012 · confidence medium
See Bonilla-Morales v. Holder, 607 F.3d 1132, 1137 (6th Cir.2010); Lumaj v. Gonzales, 462 F.3d 574, 577-78 (6th Cir.2006).
discussed Cited as authority (rule) Sarata Kaba v. Eric Holder, Jr. (2×) also: Cited "see"
6th Cir. · 2012 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006).
discussed Cited as authority (rule) Dinara Alymova v. Eric Holder, Jr.
6th Cir. · 2012 · confidence medium
See, e.g., Mohammed v. Keisler, 507 F.3d 369, 371 (6th Cir.2007) (finding no persecution after petitioner was held in police custody for three days and slapped and kicked); Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (same, after petitioner was attacked and beaten during a kidnapping attempt); Pilica v. Ashcroft, 388 F.3d 941, 954 (6th Cir.2004) (same, after petitioner was detained for two week-long periods and, in a third incident, was beaten by police, resulting in head injuries and a week-long hospital stay); Mullai v. Ashcroft, 385 F.3d 635, 637-39 (6th Cir.2004) (same, after petit…
discussed Cited as authority (rule) Gonzalo Perez-Morales v. Eric Holder, Jr. (2×)
6th Cir. · 2011 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577-78 (6th Cir. 2006).
cited Cited as authority (rule) Gonzalo Perez-Morales v. Eric Holder, Jr.
6th Cir. · 2011 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577-78 (6th Cir. 2006).
cited Cited as authority (rule) Stserba v. Holder
6th Cir. · 2011 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006).
cited Cited as authority (rule) Catarina Manuel-Pedro v. Eric H. Holder, Jr.
6th Cir. · 2010 · confidence medium
If persecution was defined that expansively, a significant percentage of the world’s population would qualify for asylum in this country.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006).
cited Cited as authority (rule) Andres Dominguez-Gonzalez v. Eric Holder, Jr.
6th Cir. · 2010 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577-78 (6th Cir.2006).
cited Cited as authority (rule) Elias Debek v. Eric H. Holder, Jr.
6th Cir. · 2010 · confidence medium
To prove eligibility for asylum, Debek would have to show “fear of persecution [] both subjectively genuine and objectively reasonable.” Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006).
discussed Cited as authority (rule) Wario Hussein v. Eric H. Holder, Jr.
6th Cir. · 2010 · confidence medium
It explicitly stated that being scolded and having garbage and batteries thrown at him did not rise to the level of persecution, citing Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (“[Pjersecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.”) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993)).
discussed Cited as authority (rule) Razia Sultana v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
Persecution “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional,” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993)), and “requires more than a few isolated incidents of verbal harassment or intimidation, unaccompanied by any physical punishment, infliction of harm, or significant deprivation of liberty,” Mikhailevitch v. INS, 146 F.3d 384, 390 (6th Cir.1998).
cited Cited as authority (rule) Pencentius Vanderkley v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006).
examined Cited as authority (rule) Jose Sanic v. Eric H. Holder, Jr. (3×) also: Cited "see"
6th Cir. · 2009 · confidence medium
Our Court has emphasized that persecution “does Page 8 Case No. 08-4006 Sanic v. Holder not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzalez, 462 F.3d 574, 577 (6th Cir. 2006) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir. 1993)).
examined Cited as authority (rule) Sanic v. Holder (3×) also: Cited "see"
6th Cir. · 2009 · confidence medium
Our Court has emphasized that persecution “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993)).
examined Cited as authority (rule) Sanic v. Holder (3×) also: Cited "see"
6th Cir. · 2009 · confidence medium
Our Court has emphasized that persecution “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993)).
discussed Cited as authority (rule) Rodolfo Galicia Del Valle v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
Our Court has emphasized that persecution “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993)).
discussed Cited as authority (rule) Shan Zhao v. Eric Holder
6th Cir. · 2009 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir. 2006) (citing Mikhailevitch v. INS, 146 F.3d 384, 391 (6th Cir. 1998)). 11 See also Koulibaly v. Mukasey, 541 F.3d 613, 619 (6th Cir. 2008) (stating that this Court reviews the decision of the BIA where the BIA renders its own decision).
cited Cited as authority (rule) Shan Sheng Zhao v. Holder
6th Cir. · 2009 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006) (citing Mikhailevitch v. INS, 146 F.3d 384, 391 (6th Cir.1998)). 11 .
discussed Cited as authority (rule) Datesj Patel-Manjulaben v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
See, e.g., Mohammed, 507 F.3d at 371 (6th Cir.2007) (finding of persecution not compelled where petitioner was held in police custody for three days and slapped once and kicked once); Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (same where petitioner was attacked and beaten during a kidnaping attempt); Pilica v. Ashcroft, 388 F.3d 941, 954 (6th Cir.2004) (same where petitioner was detained for two week-long periods and, in a third incident, beaten by police, resulting in head injuries and a week-long hospital stay); Mullai v. Ashcroft, 385 F.3d 635, 637-39 (6th Cir.2004) (same where pe…
discussed Cited as authority (rule) Enrique Morales-Flores v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
Although this Court has yet to determine whether an alien may challenge under the Administrative Procedure Act the Board’s use of a streamlined review process, see Vasha v. Gonzales, 410 F.3d 863, 876 (6th Cir.2005) (noting that the issue “remains an open question” in this circuit, and declining to reach the issue), this Court previously has concluded that the streamlined review process employed by the BIA does not violate Due Process, Lumaj v. Gonzales, 462 F.3d 574, 576 (6th Cir.2006) (citing Denko v. INS, 351 F.3d 717, 729 (6th Cir.2003)).
discussed Cited as authority (rule) Ndue Prendi v. Michael Mukasey
6th Cir. · 2009 · confidence medium
See, e.g., Ndrecaj, 522 F.3d at 676 (“[W]e have previously stated that the conditions in Albania are ‘fundamentally changed.’ ”); Ceraj v. Mukasey, 511 F.3d 583, 593 (6th Cir.2007) (“This court has likewise repeatedly concluded that the conditions in Albania have improved to such an extent that there is no objective basis for a well-founded fear of future persecution based on political or religious beliefs.”); Ramaj, 466 F.3d at 531 (“The country reports relied upon by the IJ constitute substantial evidence supporting the conclusion that country condition in Albania have improved…
discussed Cited as authority (rule) Sulaj v. Mukasey (2×) also: Cited "see, e.g."
6th Cir. · 2008 · confidence medium
If persecution were defined that expansively, a significant percentage of the world’s population would qualify for asylum in this country.’ ” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (quoting Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir. 1993)).
discussed Cited as authority (rule) Melaj v. Mukasey (2×) also: Cited "see"
6th Cir. · 2008 · confidence medium
It teaches that persecution “embodies punishment or the infliction of suffering or harm,” Mikhailevitch, 146 F.3d at 389 ; however, it “does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006). *359 This lack of clarity in regard to the meaning of the word “persecution” may be by Congressional design.
discussed Cited as authority (rule) Ceraj v. Mukasey
6th Cir. · 2007 · confidence medium
We have previously explained that “[p]ersecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir. 2006) (holding that an asylum applicant had not suffered past persecution where she “claim[ed] to have been beaten and to have suffered some bodily injuries, but she was not detained, imprisoned, tortured, or sexually assaulted in any way”).
discussed Cited as authority (rule) Ceraj v. Mukasey
6th Cir. · 2007 · confidence medium
We have previously explained that “[persecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional.” Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006) (holding that an asylum applicant had not suffered past persecution where she “claim[ed] to have been beaten and to have suffered some bodily injuries, but she was not detained, imprisoned, tortured, or sexually assaulted in any way”).
cited Cited as authority (rule) Bi Hua Weng v. Mukasey
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006) (“The fear of persecution must be both subjectively genuine and objectively reasonable.”).
discussed Cited as authority (rule) Aliaj v. Mukasey
6th Cir. · 2007 · confidence medium
In particular, it concluded that although the Aliajs had been mistreated, “the harm they have suffered simply would not rise to the level of past persecution.” The BIA noted that, even accepting all of the Aliajs claims as true, there was no evidence that either individual had ever been “detained, imprisoned, tortured, or sexually assaulted.” In reaching this conclusion, the BIA relied in part on this court’s decision in Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006), where the court held that being mistreated at a political demonstration is insufficient to establish past persec…
cited Cited as authority (rule) Mohammed v. Keisler
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir.2006).
cited Cited as authority (rule) Mohammed v. Gonzales
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 577 (6th Cir. 2006).
discussed Cited as authority (rule) Lazar v. Gonzales
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 576 (6th Cir. 2006) (dismissing argument that BIA’s “single-judge review” violated the petitioner’s due process rights); Vasha v. Gonzales, 410 F.3d 863, 876 (6th Cir. 2005) (concluding that even if judicial review of the BIA’s single-judge mechanism were proper, the petitioner had “failed to demonstrate that the case should have been reviewed by a three-member panel of the BIA”). 5.
discussed Cited as authority (rule) Lazar v. Gonzales
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 576 (6th Cir. 2006) (dismissing argument that BIA’s “single-judge review” violated the petitioner’s due process rights); Vasha v. Gonzales, 410 F.3d 863, 876 (6th Cir. 2005) (concluding that even if judicial review of the BIA’s single-judge - 12 - No. 06-3380 Lazar v. Gonzales mechanism were proper, the petitioner had “failed to demonstrate that the case should have been reviewed by a three-member panel of the BIA”). 5.
discussed Cited as authority (rule) Lazar v. Gonzales
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 576 (6th Cir.2006) (dismissing argument that BIA’s “single-judge review” violated the petitioner’s due process rights); Vasha v. Gonzales, 410 F.3d 863, 876 (6th Cir.2005) (concluding that even if judicial review of the BIA’s single-judge mechanism were proper, the petitioner had “failed to demonstrate that the case should have been reviewed by a three-member panel of the BIA”). *478 5.
discussed Cited as authority (rule) Diallo v. Gonzales (2×) also: Cited "see"
6th Cir. · 2007 · confidence medium
Lumaj v. Gonzales, 462 F.3d 574, 578 (6th Cir.2006) (“The fear of persecution must be both subjectively genuine and objectively reasonable.”).
Retrieving the full opinion text from the archive…
Aneta LUMAJ, Petitioner,
v.
Alberto R. GONZALES, Respondent
05-3350.
Court of Appeals for the Sixth Circuit.
Sep 6, 2006.
462 F.3d 574
ON BRIEF: Terence G. Hoerman, Detroit, Michigan, for Petitioner. Avery W. Gardiner, United States Department of Justice, Washington, D.C., for Respondent.
Gibbons, Rogers, Holschuh.
Cited by 81 opinions  |  Published

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Aneta Lumaj, a native and citizen of Albania, appeals the denial of her claim for asylum pursuant to section 208 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1158, and voluntary withholding of removal pursuant to section 241(b)(3)(A) of the INA, 8 U.S.C. § 1231(b)(3)(A). Lu-maj applied for asylum on the basis of political persecution, claiming that she was attacked by two men at a political rally because of her membership in the Youth Forum of the Albanian Democratic Party (“Youth Forum”). The Immigration Judge (“IJ”) found that Lumaj had not met her burden of showing past persecution or a well-founded fear of future persecution and thus was not a “refugee” as defined in the INA. The Board of Immigration Appeals (“BIA”) affirmed without opinion. Lumaj appeals to this court on two grounds.

Lumaj first contends that the BIA’s streamlined review process, specifically single-judge review and the clearly erroneous standard for reviewing factual determinations, violated Lumaj’s constitutional right to due process. It should first be noted that an administrative appeal to the BIA is provided by statute, not by the Constitution. See Denko v. INS, 351 F.3d 717, 729 (6th Cir.2003) (citing Guentchev v. INS, 77 F.3d 1036, 1038 (7th Cir.1996)); see also Albathani v. INS, 318 F.3d 365, 376 (1st Cir.2003) (“An alien has no constitutional right to any administrative appeal at all.”); Zhang v. U.S. Dept of Justice, 362 F.3d 155, 157 (2d Cir.2004) (same). Relying on this reasoning, this court has previously held that the streamlined procedures of the BIA do not violate due process. Denko, 351 F.3d at 729-30. This conclusion aligns with that of every other circuit to consider this issue. See Demirzhiu v. Ashcroft, 96 Fed.Appx. 263, 266 n. 3 (6th Cir.2004) (collecting cases). This court has reaffirmed the holding in Denko on numerous occasions, see, e.g., Linadi v. Gonzales, 167 Fed.Appx. 515, 516 (6th Cir.2006); Camara v. Gonzales, 166 Fed.Appx. 840, 843-44 (6th Cir.2006) and we do so again today. The BIA’s review process did not violate Lumaj’s constitutional rights. [1]

[*577] Lumaj also argues cursorily that the IJ’s findings are not supported by substantial evidence. The IJ found that Lumaj had not met her burden of showing either that she had suffered past persecution or that she had a well-founded fear of future persecution. These determinations will be upheld if they are “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole,’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (quoting 8 U.S.C. § 1105a(a)(4)). This court must affirm the IJ’s decision unless “the evidence not only supports a contrary conclusion, but indeed compels it.” Csekinek v. INS, 391 F.3d 819, 821-22 (6th Cir.2004) (internal quotation marks and citation omitted).

The evidence in this case strongly supports the IJ’s conclusions. Lumaj claims that while attending a political demonstration with her cousin, two men claiming to be police officers attacked them, beat them, forced them into a car, and attempted to kidnap them. Lumaj asserts that she was able to escape before they could abduct her or sexually assault her. Even assuming, as the IJ did, that this attack indeed took place, it does not amount to persecution. Courts have ruled that persecution can be found on the basis of only one incident, see Dandan v. Ashcroft, 339 F.3d 567, 573 (7th Cir.2003), but an isolated attack must be of sufficient severity to warrant such a finding. Id. at 573-74. In this case, Lumaj claims to have been beaten and to have suffered some bodily injuries, but she was not detained, imprisoned, tortured, or sexually assaulted in any way. “[Pjersecution does not encompass all treatment that our society regards as unfair, unjust, or even unlawful or unconstitutional. If persecution were defined that expansively, a significant percentage of the world’s population would qualify for asylum in this country .... ” Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993). See also Mikhailevitch v. INS, 146 F.3d 384, 390 (6th Cir.1998); Nelson v. INS, 232 F.3d 258, 263-64 (1st Cir.2000); Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996). In addition, Lumaj offered no evidence that the government in any way acquiesced in the conduct or that the attack was any more than a random criminal[*578] act, which is not sufficient for a finding of persecution. See Abdille v. Ashcroft, 242 F.3d 477, 494 (3d Cir.2001); Ochave v. INS, 254 F.3d 859, 865 (9th Cir.2001). This one, isolated incident, of limited severity, does not constitute “persecution.”

Lumaj also failed to show that she was attacked “on the basis of’ her political activity. She claims to have been attacked because of her membership in the Youth Forum. The record indicates, however, that she had been a member of the Youth Forum for only six months and her activities had been limited to handing out leaflets at two political rallies. Lumaj admitted at the hearing that she does not have a “deep knowledge” of the politics of her home country and that she was “just starting to learn about politics” at the time of the alleged incident. As there is little evidence to support Lumaj’s assertion that she was even engaged in political activity, we find no error in the IJ’s conclusion that Lumaj was not persecuted on the basis of her political beliefs.

Substantial evidence also supports the IJ’s determination that Lumaj cannot show a well-founded fear of future persecution. As Lumaj has failed to show past persecution, she must independently establish a well-founded fear of persecution, by showing that:

(1) [she] has a fear of persecution in ... her country on account of race, religion, nationality, membership in a particular social group, or political opinion; (2) there is a reasonable possibility of suffering such persecution if [she] were to return to that country; and (3)[she] is unable or unwilling to return to that country because of such fear.

Mikhailevitch, 146 F.3d at 389. The fear of persecution must be both subjectively genuine and objectively reasonable. Perkovic v. INS, 33 F.3d 615, 620-21 (6th Cir.1994).

The IJ found that Lumaj has a subjective fear of future persecution, due to her youth and gender, but he concluded that any such fear is not objectively reasonable. As Lumaj has not shown a “reasonable possibility” that she would suffer persecution upon return to Albania, substantial evidence supports the IJ’s holding. Lu-maj’s limited political knowledge and activity make it unreasonable to assume that she will be persecuted on this ground. Even if she were politically active, the Country Conditions Report for Albania indicates that while there is a danger of violence in Albania, it is due mostly to individual acts or organized crime, and there is “virtually no evidence that individuals are targeted for mistreatment on political grounds.” Lumaj cannot show that she has a well-founded fear of future persecution. Thus, she does not qualify as a “refugee” under the INA and is not entitled to asylum.

In order for Lumaj to be entitled to withholding of removal, she must show that there is a clear probability that if she returns to her home country she will be persecuted on account of race, religion, nationality, membership in a particular’ social group, or political opinion. 8 U.S.C. § 1231(b)(3). The burden of proof for withholding of removal is more exacting than that for asylum. Mikhailevitch, 146 F.3d at 391. As Lumaj does not qualify for asylum, she cannot meet the higher standard for withholding of removal. Id.; Yu v. Ashcroft, 364 F.3d 700, 703 n. 3 (6th Cir.2004).

The petition for review is denied.

1

. Lumaj’s attorney, Terence Hoerman of Detroit, Michigan, devotes the majority of his brief to a discussion of the due process issue, despite this court's clear rejection of the same argument in Denko. Research by this panel reveals that Mr. Hoerman has used the same language raising the due process argument in at least eleven other cases that are pending before this court, see Cela v. Gonzalez, No. 05-3090; Dokaj v. Gonzales, No. 05-3356; Bijani v. Gonzales, No. 05-3865; Sinojmeri v. Gonzales, No. 05-3895; Bushati v. Gonzales, No. 05-4408, or have been recently decided, see Linadi v. Gonzales, No. 04-4507; Hasanaj v. Gonzales, No. 04 — 3399; Lleshdedaj v. Gonzales, No. 04-3947; Elezaj v. Gonzales, No. 04-4059; Camara v. Gonzales, No. 04-4163;[*577] Cela v. Gonzales, No. 04-4457. In these briefs, Mr. Hoerman makes almost no argument regarding his client’s individual case or the substantive ruling of the Immigration Judge.

Moreover, Mr. Hoerman has been on notice that Denko forecloses the due process argument since at least May 27, 2005. On that date, this court issued its opinion in Hasanaj, citing Denko and reaffirming that the BIA's procedures do not violate the petitioner's due process rights. 132 F. App’x 645, 645 (6th Cir.2005). In every brief filed since this date, including ten of the cases cited above, Mr. Hoerman has made the same argument, verbatim, as the one rejected in Hasanaj, without citing Denko or making any attempt to distinguish its holding. In doing so, he has failed to comply with his well-defined duty to "disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.” See Model Rule of Professional Conduct 3.3; United States v. Marks, 209 F.3d 577, 585 (6th Cir.2000) (citing Rule 3.3 as applicable in this circuit); Thompson v. Parkes, 963 F.2d 885, 888 n. 1 (6th Cir.1992) (same). As Denko is controlling precedent, and Mr. Hoerman has consistently made the same due process argument without citation to it, he has violated this basic tenet of professional conduct.

Although Mr. Hoerman's conduct in this and other cases might warrant the imposition of sanctions pursuant to statute or the rules of this court, the court at this time elects instead to warn Mr. Hoerman that sanctions, including monetary sanctions and disbarment from practice in this court, are available to' future panels who encounter similar examples of poor advocacy. Moreover, the court directs Mr. Hoerman to correct the deficiencies noted here in future filings.