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Fatin v. INS

United States Court of Appeals for the Third Circuit
12 F.3d 1233 (1993)


Fatin (defendant) was born in Iran and came to the United States on a student visa two weeks before the Shah was overthrown. While in college, she applied for asylum. She stated that she had supported the Shah while in Iran and some of her relatives had already been persecuted for their support of the old regime. She also stated that she was a feminist and strongly disagreed with the new regime's treatment of women. She disagreed with the requirement that all women wear veils in public and said she would try to avoid it. The immigration judge denied her application. In her appeal to the Board of Immigration Appeals, she stated that she felt persecution based on her political opinion and social group. She described that social group as the “upper class of Iranian women who supported the Shah of Iran.” She also stated that she did not want to practice the Muslim religion but would be forced to if she returned. The Board dismissed her appeal. She then appealed to the Court of Appeals for the Third Circuit.

Rule of Law


Holding and Reasoning (Alito, J.)

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