Toufighi

BACKGROUND

Pejman Toufighi is a native and citizen of Iran. He was admitted to the United States on or about March 16, 1996, as a non-immigrant visitor with authorization to remain for six months. Toufighi remained in the United States beyond his 10884 TOUFIGHI v. MUKASEY six-month stay without authorization from the Immigration Service (“Service”). In May of 1997, the Service instituted removal proceedings.

On August 8, 1997, Toufighi appeared with counsel and conceded that he was removable. The Immigration Judge (“IJ”) granted additional time to consider available forms of relief, and in anticipation of an asylum claim, directed parties to file supporting documents by the hearing date of September 18, 1997. In September, Toufighi appeared with counsel and received a further continuance to allow him time to obtain additional documents.1 The IJ set the hearing for April 1, 1998, and gave Toufighi until March 2, 1998, to submit addi- tional supporting documents.

Toufighi appeared with counsel at the hearing on April 1, 1998, and testified on his own behalf. Essentially, Toufighi claimed that he had converted from Islam to Christianity, and that he feared that…