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Keywords

jurisdictionappealwillasylumnaturalization
jurisdictionappealwillasylumnaturalization

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Selami v. Gonzales

Facts

Selami is a thirty-three-year-old native and citizen of Albania. She entered the United States in May 2000 along with her husband, Abedin Selami, and son, Donald Selami (collectively, the 'Selamis'), using false Italian passports. On June 15, 2000, Abedin Selami filed an asylum application, which included Selami and their son as derivative applicants pursuant to 8 U.S.C. 1158(b)(3)(A). The former Immigration and Naturalization Service ('INS') rejected the asylum claim and charged the Selamis with being subject to removal under 212(a)(6)(A)(i) of the INA, 8 U.S.C. 1182(a)(6)(A)(i).

Selami is a thirty-three-year-old native and citizen of Albania. She entered the United States in May 2000 along with her husband, Abedin Selami, and son, Donald Selami (collectively, the 'Selamis'), using false Italian passports. On June 15, 2000, Abedin Selami filed an asylum application, which included Selami and their son as derivative applicants pursuant to 8 U.S.C. 1158(b)(3)(A). The former Immigration and Naturalization Service ('INS') rejected the asylum claim and charged the Selamis with being subject to removal under 212(a)(6)(A)(i) of the INA, 8 U.S.C. 1182(a)(6)(A)(i).

Issue

Whether the court had jurisdiction to review Selami's claims given that she had not filed an independent application for asylum.

Whether the court had jurisdiction to review Selami's claims given that she had not filed an independent application for asylum.

Rule

Pursuant to the INA, an alien who is present in the United States may apply for asylum on the grounds that she qualifies as a 'refugee,' which is defined as one 'who is unable or unwilling to return to . . . [her home country] because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' 8 U.S.C. 1158(b)(1)(A), 1101(a)(42)(A).

Pursuant to the INA, an alien who is present in the United States may apply for asylum on the grounds that she qualifies as a 'refugee,' which is defined as one 'who is unable or unwilling to return to . . . [her home country] because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' 8 U.S.C. 1158(b)(1)(A), 1101(a)(42)(A).

Analysis

The court concluded that Selami was only a derivative asylum applicant and never filed a separate, independent asylum claim on her own. Therefore, the court lacked jurisdiction to hear her appeal as she had not exhausted her administrative remedies.

The court concluded that Selami was only a derivative asylum applicant and never filed a separate, independent asylum claim on her own. Therefore, the court lacked jurisdiction to hear her appeal as she had not exhausted her administrative remedies.

Conclusion

The court dismissed for lack of jurisdiction the alien's petition for review.

The court dismissed for lack of jurisdiction the alien's petition for review.

Who won?

The government prevailed in the case because the court found it lacked jurisdiction to review Selami's claims due to her failure to file an independent asylum application.

The government prevailed in the case because the court found it lacked jurisdiction to review Selami's claims due to her failure to file an independent asylum application.

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