Sadeghi v. Immigration and Naturalization Service

In April 1988, Ebrahim Sadeghi (defendant) entered the United States from Iran and overstayed his visitor’s visa. In June 1989, the Immigration and Naturalization Service (INS) (plaintiff) began deportation proceedings, in which Sadeghi presented evidence for his asylum claim. Sadeghi testified that he was in an anti-government group in the 1960s. In 1982, Sadeghi began teaching in Iran. Sadeghi testified he hinted at his anti-Islamic beliefs while teaching. During the Iran-Iraq war, Sadeghi begged one student not to participate in the war. Sadeghi testified that he believed this student later reported him to the Iranian authorities for his anti-Islamic and anti-war beliefs. After narrowly avoiding arrest by the Iranian authorities, Sadeghi escaped to France in 1983 and did not seek asylum. Sadeghi testified that he believed he would be tortured or killed if he returned to Iran. Two witnesses also testified Sadeghi was on a list of individuals sought for prosecution for advocating overthrowing of the government. The immigration judge (IJ) believed Sadeghi had a legitimate fear of returning to Iran, but his fear was not based on persecution due to race, religion, nationality, social group, or political opinion. The BIA affirmed the IJ’s denial of asylum. Sadeghi appealed to the Tenth Circuit, arguing he presented sufficient evidence for his asylum claim because Iranian authorities sought to prosecute to persecute him for his political and religious beliefs.