Matter of Mogharrabi
United States Board of Immigration Appeals
19 I. & N. Dec. 439 (1987)
- Written by Mary Katherine Cunningham, JD
Facts
Mogharrabi and his wife (defendants) were citizens of Iran admitted to the United States on September 8, 1978. Mogharrabi and his wife were admitted as nonimmigrant students and were permitted to remain until February 27, 1982. Mogharrabi’s wife later changed her status from a nonimmigrant student to a spouse of a nonimmigrant student. After being charged with deportability as overstays, Mogharrabi and his wife appeared in a joint deportation hearing. Mogharrabi and his wife conceded their deportability during the hearing. However, Mogharrabi submitted an application seeking asylum; Mogharrabi included his wife in his application. During the deportation hearing, Mogharrabi testified that he feared returning to Iran because of an altercation with an official of the regime of Ayatollah Khomeini. Mogharrabi testified that, in February 1981, he entered the Iranian Interests Section in the Algerian Embassy to ensure that he could receive funds from relatives in Iran. An employee from the Iranian Interests Section threatened Mogharrabi and one of his friends, and Mogharrabi responded that he participated in anti-Khomeini demonstrations in the United States. As a result of these events, Mogharrabi testified that he had a fear of persecution if he returned to Iran. The immigration judge (IJ) found Mogharrabi and his wife deportable as charged and denied Mogharrabi’s application for asylum and application for withholding of deportation. Mogharrabi appealed to the Board of Immigration Appeals, renewing his assertions made to the IJ.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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