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Keywords

discriminationasylumvisadeportation
discriminationasylumvisadeportation

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Ghaly v. Immigration and Naturalization Service

Facts

Ghaly is a native and citizen of Egypt and a member of the Coptic Christian faith. He entered the United States in 1981 on a J-1 Exchange Visitor Visa, which was issued in order to permit him to participate in a special program funded by the United States Agency for International Development. After receiving his degree, Ghaly chose not to return despite the expiration of his visa and his commitment to the Agency. In 1985, deportation proceedings were initiated, and Ghaly filed an application for asylum and withholding of deportation, claiming that as a religious minority in Egypt, he would face violence and discrimination upon his return.

Ghaly is a native and citizen of Egypt and a member of the Coptic Christian faith. He entered the United States in 1981 on a J-1 Exchange Visitor Visa, which was issued in order to permit him to participate in a special program funded by the United States Agency for International Development. After receiving his degree, Ghaly chose not to return despite the expiration of his visa and his commitment to the Agency. In 1985, deportation proceedings were initiated, and Ghaly filed an application for asylum and withholding of deportation, claiming that as a religious minority in Egypt, he would face violence and discrimination upon his return.

Issue

Whether Ghaly established a well-founded fear of persecution that would entitle him to asylum and withholding of deportation.

Whether Ghaly established a well-founded fear of persecution that would entitle him to asylum and withholding of deportation.

Rule

To establish eligibility for asylum, the alien's fear of persecution must be both subjectively genuine and objectively reasonable, requiring credible, direct, and specific evidence in the record. The burden is on the applicant to make this showing.

To establish eligibility for asylum, the alien's fear of persecution must be both subjectively genuine and objectively reasonable, requiring credible, direct, and specific evidence in the record. The burden is on the applicant to make this showing.

Analysis

The court applied the rule by reviewing the evidence presented by Ghaly, including testimonies and a Bureau opinion regarding the treatment of Coptic Christians in Egypt. The court found that while there was evidence of discrimination against Coptic Christians, it did not rise to the level of persecution as defined by the Act. The court concluded that the evidence did not compel a finding of a well-founded fear of persecution.

The court applied the rule by reviewing the evidence presented by Ghaly, including testimonies and a Bureau opinion regarding the treatment of Coptic Christians in Egypt. The court found that while there was evidence of discrimination against Coptic Christians, it did not rise to the level of persecution as defined by the Act. The court concluded that the evidence did not compel a finding of a well-founded fear of persecution.

Conclusion

The court denied Ghaly's application for asylum and withholding of deportation, concluding that he failed to establish a well-founded fear of persecution.

The court denied Ghaly's application for asylum and withholding of deportation, concluding that he failed to establish a well-founded fear of persecution.

Who won?

The INS prevailed in the case because the court upheld the Board's decision that Ghaly did not demonstrate a well-founded fear of persecution.

The INS prevailed in the case because the court upheld the Board's decision that Ghaly did not demonstrate a well-founded fear of persecution.

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