Hamed Elsyed Elnager v. U.S. Immigration and Naturalization Service

Hamed Elnager, a native and citizen of Egypt, appeals the Board of Immigration Appeals (the “BIA”) denial of asylum and withholding of deportation relief. He contends that the BIA applied the incorrect legal standard to his asylum petition and that the decision was not supported by substantial evidence. We AFFIRM the decision of the BIA.

BACKGROUND

Petitioner Hamed Elsyed Elnager is a 36-year-old native and citizen of Egypt. He was admitted to the United States on October 28, 1982, under a visitation visa which authorized him to remain in the United States until November 30, 1982. Elnager failed to leave the United States prior to the expiration of his visa, and he remains in this country.

The Immigration and Naturalization Service initiated deportation proceedings with the issuance of an Order to Show Cause on February 18, 1983. The Order charged Elnager with being deportable under § 241(a)(2) of the Immigration and Nationality Act (the “Act”), 8 U.S.C. § 1251 (a)(2), because he remained in the United States longer than permitted. After an extended continuance, Elnager’s deportation proceeding commenced on December 3, 1984. El-nager, represented by counsel, admitted the…