Matter of Liadakis

10 I. & N. Dec. 252 (1963)

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Matter of Liadakis

United States Board of Immigration Appeals
10 I. & N. Dec. 252 (1963)

Facts

Liadakis (defendant) entered the United Sates in July 1960 as a nonimmigrant crewman and married a citizen of the United States. The Immigration and Naturalization Service (plaintiff) initiated deportation proceedings before a special-inquiry officer. Liadakis conceded his deportability while also applying for withholding of deportation. Liadakis testified that, since arriving in the United States, he had become a Jehovah’s Witness. According to documentary evidence, the Constitution of Greece forbids any proselytizing by any religious sect other than the Eastern Orthodox Church of Christ. The documentary evidence also demonstrated that Jehovah’s Witnesses have been prosecuted for proselytizing and have been imprisoned for up to 5 months. Liadakis testified that if he returned to Greece, he would go door to door delivering religious literature and proselytizing Greek citizens. Liadakis maintained he would be subject to imprisonment for his proselytizing if he returned to Greece. The special-inquiry officer denied Liadakis’s application for withholding of deportation. The special-inquiry officer found that although Greece did forbid proselytism by Jehovah’s Witnesses, the arrest and confinement that Liadakis may endure is not physical persecution. Liadakis appealed to the Board of Immigration Appeals, arguing the special-inquiry officer erred by failing to recognize that confinement on the basis of religious belief constitutes physical persecution within the Immigration and Nationality Act (INA). Liadakis argued the First Amendment protections offered to Jehovah’s Witnesses in the United States are relevant in determining whether the Greek government’s actions against Jehovah’s Witnesses constitutes physical persecution as contemplated under Section 243(h) of the INA.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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