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appealharassmentasylumnaturalizationappellant
appealharassmentasylumnaturalizationappellant

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Mousa v. Immigration and Naturalization Service

Facts

Appellant-petitioner, a citizen of Jordan illegally residing in the United States, was convicted of mail fraud and the Immigration and Naturalization Service (INS) moved quickly to deport him. Petitioner-appellant thereafter applied for asylum based on a fear of political persecution in his home country, but the INS denied the application, and the Board of Immigration Appeals (BIA) rubber-stamped the denial. Petitioner-appellant then raised the instant appeal, arguing he should have been granted asylum because the BIA decided incorrectly that he did not qualify to be considered for asylum based on his participation in activities which invalidated him, under 8 U.S.C.S. 1101(a)(42)(B), for asylum.

Appellant-petitioner, a citizen of Jordan illegally residing in the United States, was convicted of mail fraud and the Immigration and Naturalization Service (INS) moved quickly to deport him. Petitioner-appellant thereafter applied for asylum based on a fear of political persecution in his home country, but the INS denied the application, and the Board of Immigration Appeals (BIA) rubber-stamped the denial. Petitioner-appellant then raised the instant appeal, arguing he should have been granted asylum because the BIA decided incorrectly that he did not qualify to be considered for asylum based on his participation in activities which invalidated him, under 8 U.S.C.S. 1101(a)(42)(B), for asylum.

Issue

Did the petitioner-appellant qualify for asylum under 8 U.S.C.S. 101(a)(42)(A) given his claims of persecution?

Did the petitioner-appellant qualify for asylum under 8 U.S.C.S. 101(a)(42)(A) given his claims of persecution?

Rule

To be eligible for asylum, an applicant must show that she is a 'refugee' for purposes of the IIRIRA, and that she merits asylum as a matter of judicial discretion. 8 U.S.C. 1158(a); see Sanon v. INS, 52 F.3d 648, 650 (7th Cir. 1995). However, persons who have 'ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion' do not qualify to be considered for asylum. 8 U.S.C. 1101(a)(42)(B).

To be eligible for asylum, an applicant must show that she is a 'refugee' for purposes of the IIRIRA, and that she merits asylum as a matter of judicial discretion. 8 U.S.C. 1158(a); see Sanon v. INS, 52 F.3d 648, 650 (7th Cir. 1995). However, persons who have 'ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion' do not qualify to be considered for asylum. 8 U.S.C. 1101(a)(42)(B).

Analysis

The court found that the IJ's reasoning, while minimal, was rational and supported by the record. The IJ determined that Mousa did not suffer persecution because he was not arrested or imprisoned by the Jordanian police, lived 'relatively undisturbed' from 1982 to 1987, was able to obtain a passport, and his biggest complaint was his inability to get a job, which constituted economic harm rather than persecution. The court noted that the facts could reasonably be characterized as mere harassment, which is not the same as persecution.

The court found that the IJ's reasoning, while minimal, was rational and supported by the record. The IJ determined that Mousa did not suffer persecution because he was not arrested or imprisoned by the Jordanian police, lived 'relatively undisturbed' from 1982 to 1987, was able to obtain a passport, and his biggest complaint was his inability to get a job, which constituted economic harm rather than persecution. The court noted that the facts could reasonably be characterized as mere harassment, which is not the same as persecution.

Conclusion

The court affirmed the decision that petitioner-appellant did not qualify for asylum because the reasoning for the decision that he did not suffer persecution in his home country, while minimal, was rational and supported by the record.

The court affirmed the decision that petitioner-appellant did not qualify for asylum because the reasoning for the decision that he did not suffer persecution in his home country, while minimal, was rational and supported by the record.

Who won?

The Immigration and Naturalization Service (INS) prevailed in the case as the court upheld the BIA's decision to deny asylum, finding the reasoning provided was sufficient.

The Immigration and Naturalization Service (INS) prevailed in the case as the court upheld the BIA's decision to deny asylum, finding the reasoning provided was sufficient.

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