Shahriar Kaveh-Haghigy and Sasan Kaveh-Haghigy v. Immigration and Naturalization Service

Petitioners seek review of an order of the Board of Immigration Appeals denying a request for reopening of deportation proceedings to claim asylum. We deny the petition.

I.

FACTS

The petitioners are two brothers, natives and citizens of Iran. They arrived in the United States in 1979 on nonimmigrant student visas. Because they violated the terms of their visas, the INS began deportation proceedings against them. The Board of Immigration Appeals entered a final order of deportation on June 10, 1982. Although the immigration judge specifically asked the petitioners’ attorney if he wished to raise a claim for asylum, he declined to do so.

On January 31 and February 2, 1984, petitioners filed motions to reopen their deportation proceedings to apply for asylum and withholding of deportation. Their motions were denied. This case is an appeal from that denial. They do not (and cannot) challenge the merits of the earlier deportation proceeding. Petitioners offer two reasons why they should receive asylum. They fear that if they return to their native country, they will have to serve in the Iranian army in the war against Iraq. They also fear that they will face persecution because of…