Melnik v. Sessions

Gnatyuk entered the U.S. on a visitor’s visa in 2003. His wife, Melnik, arrived a year later but was apprehended on entry because she presented a fraudulent passport. She requested asylum and passed a credible fear interview. The government later denied her application and placed her in removal proceedings. Gnatyuk sought asylum in 2010, but the government also denied this application, placed him in removal proceedings, and consolidated the cases. Before coming to the U.S., the two operated a clothing business in Ukraine. Melnik testified that, during that period, “racketeers” victimized them through extortion, beat Gnatyuk several times, and once set his car on fire. Local police did nothing. They closed their business and lived separately to ensure Melnik’s safety and the safety of her daughter, who still lives in Ukraine. Gnatyuk’s brother‐in‐law was a recent victim of extortion and beating; Melnik described her hometown as “destroyed.” Melnik owes money for the false Ukrainian passport and testified that her family had faced “constant threats” after her departure. The two had built a business in the U.S., comprising 15 trucks and drivers. The Seventh Circuit denied relief after the BIA affirmed an order of removal. The couple did not demonstrate membership in a cognizable social group nor did they establish a nexus between small‐business‐group membership and their targeting by the criminal group. View "Melnik v. Sessions" on Justia Law