Mehdi Abedini v. U.S. Immigration and Naturalization Service

ORDER

Respondent has filed a request, pursuant to Circuit Rule 36-4 of the Rules of the United States Court of Appeals for the Ninth Circuit, to redesignate the memorandum decision as an opinion, and, as such, be published. The members of the panel have voted unanimously to grant the request. Accordingly, the memorandum disposition filed March 26,1992, 958 F.2d 376 , is redes-ignated as an authored opinion by Judge Brunetti.

OPINION

OVERVIEW

Mehdi Abedini, a native and citizen of Iran, appeals the Board of Immigration Appeals’ order reversing the Immigration Judge’s grant of his request for asylum and the Board of Immigration Appeals’ denial of his request for voluntary departure.

FACTS AND PROCEEDINGS BELOW

Petitioner Mehdi Abedini is a twenty-six year old single male, native and citizen of Iran, who entered the United States without inspection at San Ysidro, California on July 12, 1988. At his deportation hearings, Abedini posited five grounds in support of his belief that he would be persecuted by the Iranian government for his political and religious beliefs if deported to Iran.

First, he could be sentenced to two years in prison and nineteen lashes under Islamic law…