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Keywords

appealtestimonymotionasylumvisacitizenshipdeportation
appealtestimonymotionasylumvisacitizenshipdeportation

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Limsico v. Immigration and Naturalization Service

Facts

Limsico is a twenty-nine-year-old native and citizen of the Republic of the Philippines. He entered the United States in December 1981, and was authorized to remain as a visitor until April 30, 1982. On February 8, 1982, he married Shannon Marie Van Slyke, a United States citizen, in Las Vegas, Nevada. Van Slyke petitioned for an immediate relative visa petition. On June 22, 1982, the INS denied her petition because she had failed to establish that her marriage to Limsico was bona fide. The INS began deportation proceedings against him under 8 U.S.C. 1251(a)(1)(A) as an alien who remained in the United States longer than permitted.

Limsico is a twenty-nine-year-old native and citizen of the Republic of the Philippines. He entered the United States in December 1981, and was authorized to remain as a visitor until April 30, 1982. On February 8, 1982, he married Shannon Marie Van Slyke, a United States citizen, in Las Vegas, Nevada. Van Slyke petitioned for an immediate relative visa petition. On June 22, 1982, the INS denied her petition because she had failed to establish that her marriage to Limsico was bona fide. The INS began deportation proceedings against him under 8 U.S.C. 1251(a)(1)(A) as an alien who remained in the United States longer than permitted.

Issue

Whether the Board of Immigration Appeals erred in denying Limsico's application for asylum eligibility and his motion to reopen.

Whether the Board of Immigration Appeals erred in denying Limsico's application for asylum eligibility and his motion to reopen.

Rule

An alien becomes eligible for asylum after demonstrating a well-founded fear of persecution in his country of citizenship. This well-founded fear must be both subjectively and objectively reasonable. The objective component requires a showing, by credible, direct, and specific evidence in the record, of facts that would support a reasonable fear of persecution.

An alien becomes eligible for asylum after demonstrating a well-founded fear of persecution in his country of citizenship. This well-founded fear must be both subjectively and objectively reasonable. The objective component requires a showing, by credible, direct, and specific evidence in the record, of facts that would support a reasonable fear of persecution.

Analysis

The court found that Limsico failed to satisfy the objective component of the well-founded fear requirement. He testified that he feared persecution in the Philippines based on his Chinese ancestry but did not provide evidence of harm to himself or his family. His testimony was deemed vague and speculative, and the court held that substantial evidence supported the Board's conclusion that he failed to demonstrate a well-founded fear of persecution.

The court found that Limsico failed to satisfy the objective component of the well-founded fear requirement. He testified that he feared persecution in the Philippines based on his Chinese ancestry but did not provide evidence of harm to himself or his family. His testimony was deemed vague and speculative, and the court held that substantial evidence supported the Board's conclusion that he failed to demonstrate a well-founded fear of persecution.

Conclusion

The court affirmed the denial of relief from deportation because substantial evidence supported the conclusion that Limsico failed to demonstrate a well-founded fear of persecution and that he intended to commit marriage fraud.

The court affirmed the denial of relief from deportation because substantial evidence supported the conclusion that Limsico failed to demonstrate a well-founded fear of persecution and that he intended to commit marriage fraud.

Who won?

The Board of Immigration Appeals prevailed because substantial evidence supported its conclusion that Limsico failed to demonstrate a well-founded fear of persecution and that he intended to commit marriage fraud.

The Board of Immigration Appeals prevailed because substantial evidence supported its conclusion that Limsico failed to demonstrate a well-founded fear of persecution and that he intended to commit marriage fraud.

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