Fisher v. Immigration and Naturalization Service [Fisher II]

79 F.3d 955 (1996)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Fisher v. Immigration and Naturalization Service [Fisher II]

United States Court of Appeals for the Ninth Circuit
79 F.3d 955 (1996)

Facts

Saideh Fisher entered the United States from Iran and sought asylum on the basis of her opposition to Iran’s law requiring women to veil themselves in public. The Immigration and Naturalization Service (INS) (plaintiff) initiated deportation proceedings before an immigration judge (IJ). During the deportation proceeding, Fisher testified that she was arrested, handcuffed, and detained by government agents who discovered her wearing a bathing suit in the presence of an unrelated man. Fisher also testified that she was arrested by government agents or vigilantes for allowing strands of hair to escape her chador, a veil Iranian women must wear in public. The IJ denied Fisher’s asylum application, and Fisher appealed to the Board of Immigration Appeals (BIA). The BIA denied Fisher’s asylum application, and Fisher appealed to a three-judge panel of the Ninth Circuit. The Ninth Circuit remanded, holding that (1) the BIA failed to consider any future persecution Fisher would face in Iran, (2) the BIA improperly defined “persecution” under the Immigration and Nationality Act, (3) Fisher may suffer persecution on account of her religious belief due to Iran’s enforcement of its gender-specific laws, and (4) Fisher may face persecution on account of her political views based on the totality of the circumstances. The Ninth Circuit decided to hear the matter en banc.

Rule of Law

Issue

Holding and Reasoning (Wallace, J.)

Dissent (Noonan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership