Wednesday, November 13, 2013

Fatin v. INS case brief

Fatin v. INS case brief summary
12 F.3d 1233 (1993)


CASE SYNOPSIS
Petitioner sought review of an order of the Board of Immigration Appeals (BIA), which required her to depart or be deported from the United States, arguing that she was entitled to withholding of deportation pursuant to 8 U.S.C.S. § 1253(h)(1), that she was eligible for asylum under 8 U.S.C.S. § 1158(a), and that the BIA improperly denied her request for suspension of deportation under 8 U.S.C.S. § 1254(a)(1).

DISCUSSION

  • The court denied the petition for review of a decision from the BIA. 
  • The court found that petitioner failed to satisfy the third element that an alien must establish in order to qualify for withholding of deportation or asylum based on her membership in a particular social group, namely that she would have been persecuted or had a well-founded fear of persecution based on her membership. 
  • The court reasoned that petitioner failed to show in the record below that she was a member of the group of women whose opposition to the Iranian laws in question were so profound that she would choose to suffer the severe consequences of noncompliance. 
  • Accordingly, the court held that she was not entitled to withholding of deportation or asylum based on her membership in a particular social group. 
  • The court likewise held that petitioner's argument regarding political opinion failed for reasons similar to those based on her group membership argument. 
  • Finally, the court rejected petitioner's procedural argument that the BIA improperly denied her request for suspension of deportation under 8 U.S.C.S. § 1254(a)(1) where the BIA considered the facts presented by petitioner.

CONCLUSION
The court denied the petition for review and held that petitioner failed to establish that she was entitled to withholding of deportation or that she was eligible for asylum, and that the BIA committed no reversible procedural error in its rejection of her claim for suspension of deportation.

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