Sanon v. Immigration and Naturalization Service
United States Court of Appeals for the Seventh Circuit
52 F.3d 648 (1995)
- Written by Mary Katherine Cunningham, JD
Facts
Fidele Sanon (defendant) entered the United States in October 1987, and the Immigration and Naturalization Service (INS) (plaintiff) initiated deportation proceedings when his student visa expired. Although conceding his deportability, Sanon applied for asylum or withholding of deportation. During the proceedings, Sanon testified that while he was in university in Burkina Faso, he developed connections with the Peace Corps and the United States Information Agency (USIA). In August 1983, a military coup overthrew the government and instituted a communist dictatorship. Sanon, an avowed anti-communist, refused to join the government-backed Committees in Defense of the Revolution (CDRs). Sanon testified that, in 1985, he spoke critically of the communist government while working for the Peace Corps and that someone reported him to the government for the conversation. Sanon also testified that his exit visa was subsequently cancelled, and reinstatement of a visa required approval of a CDR. Sanon testified that he managed to escape Burkina Faso without the CDR approval and that he was the only student to accomplish this. While Sanon was studying, another coup toppled the prior communist government, and Sanon testified that the new government was critical of the Peace Corps. The immigration judge (IJ) granted Sanon’s application for asylum and withholding of deportation, finding Sanon presented credible evidence and had a well-founded fear of persecution if he returned to Burkina Faso. The INS appealed the IJ’s decision to the Board of Immigration Appeals (BIA). The BIA reversed the IJ decision, finding that, although Sanon’s testimony was credible, he did not demonstrate a well-founded fear of persecution for his political opinions. Sanon appealed to the Seventh Circuit, arguing the BIA failed to properly assess his case and ordered deportation despite his well-founded fear of political persecution in Burkina Faso.
Rule of Law
Issue
Holding and Reasoning (Flaum, J.)
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