Board of Immigration Appeals
20 I. & N. Dec. 149 (1990)
Izatula (plaintiff) was a native and citizen of Afghanistan who arrived in the United States in 1989. At that time, Afghanistan was under the control of the Soviet Union. While in Afghanistan, Izatula actively assisted the mujahedin, an opposition group. Izatula’s brother was captured by the secret police and imprisoned, and Izatula argued that he too was at risk of imprisonment because of his political activity. In the United States, Izatula was placed in exclusion proceedings, and applied for both asylum and withholding of deportation under §§ 208(a) and 243(h), respectively, of the Immigration and Nationality Act. An immigration judge denied his application because he determined that Izatula’s fear of harm from the Afghan government related to an “act of prosecution rather than an act of persecution.” Izatula appealed.
Rule of Law
Holding and Reasoning
Concurrence (Vacca, Board Member)
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