Behrooz Moghanian v. United States Department of Justice, Board of Immigration Appeals

577 F.2d 141 Behrooz MOGHANIAN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, BOARD OF IMMIGRATION APPEALS, Respondent. No. 75-1440. United States Court of Appeals, Ninth Circuit. June 19, 1978. Jay Zybelman of Zybelman & Paluso, San Diego, Cal., for petitioner. Jean Gentry Lujan (argued), Dept. of Justice, Washington, D. C., for respondent. Petition for Review of a Decision of the Board of Immigration Appeals. Before GOODWIN, WALLACE and HUG, Circuit Judges. GOODWIN, Circuit Judge: 1 Moghanian is an Iranian student who came to this country in 1973 to go to school. He attended school, but for reasons not directly relevant here he did not attend the school designated in his application for his student visa. Upon learning of the discrepancy, the Immigration and Naturalization Service revoked his student visa and moved to deport him. Moghanian sought to prevent deportation under § 243(h) of the Immigration Act, 8 U.S.C. § 1253 (h), 1 on the ground that as a Jew he would be subject to persecution in predominantly Moslem Iran. The immigration hearing officer and the Board of Immigration Appeals denied his claim, and he appeals to this court. 2 The primary issue…