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Keywords

appealasylumcitizenshipdeportationnaturalization
appealasylumcitizenshipdeportation

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Faddoul v. Immigration and Naturalization Service

Facts

Faddoul is a thirty-three year old man of Palestinian ancestry who was born and last resided in Saudi Arabia. His parents fled Palestine after the creation of Israel in 1948, first settling in Lebanon, then moving to find work in Saudi Arabia, where Faddoul was born and raised. Despite his place of birth, Faddoul was not eligible to receive Saudi citizenship because Saudi law grants citizenship solely on the basis on ancestry. Faddoul entered the United States as a nonimmigrant student in 1984 but ceased attending classes in 1985. The Immigration and Naturalization Service began deportation proceedings against him in 1986, and an immigration judge denied his request for asylum and granted him voluntary departure.

Faddoul is a thirty-three year old man of Palestinian ancestry who was born and last resided in Saudi Arabia. His parents fled Palestine after the creation of Israel in 1948, first settling in Lebanon, then moving to find work in Saudi Arabia, where Faddoul was born and raised. Despite his place of birth, Faddoul was not eligible to receive Saudi citizenship because Saudi law grants citizenship solely on the basis on ancestry.

Issue

Did the Board of Immigration Appeals err in denying Faddoul's requests for asylum and withholding of deportation?

Did the Board of Immigration Appeals err in denying Faddoul's requests for asylum and withholding of deportation?

Rule

To be eligible for asylum, an alien must demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. For withholding of deportation, the alien must demonstrate a clear probability of persecution upon return.

To be eligible for asylum, an alien must demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. For withholding of deportation, the alien must demonstrate a clear probability of persecution upon return.

Analysis

The court found that Faddoul failed to show a connection between any feared persecution and any basis for the fear. The treatment of Palestinians in Saudi Arabia, while discriminatory, did not amount to persecution as defined by the law. The court noted that Faddoul had not been arrested or harmed by the Saudi government, and the restrictions he faced were applicable to all non-Saudis, not just Palestinians.

The court found that Faddoul failed to show a connection between any feared persecution and any basis for the fear. The treatment of Palestinians in Saudi Arabia, while discriminatory, did not amount to persecution as defined by the law.

Conclusion

The court affirmed the decision of the Board of Immigration Appeals, denying Faddoul's requests for asylum and withholding of deportation, as he failed to establish a well-founded fear of persecution.

The court affirmed the decision of the Board of Immigration Appeals, denying Faddoul's requests for asylum and withholding of deportation, as he failed to establish a well-founded fear of persecution.

Who won?

The Board of Immigration Appeals prevailed because the court found that Faddoul did not demonstrate a well-founded fear of persecution.

The Board of Immigration Appeals prevailed because the court found that Faddoul did not demonstrate a well-founded fear of persecution.

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