Tarek Ghebllawi v. Immigration & Naturalization Service

Opinion by Judge NOONAN.

Tarek Ghebllawi petitions this court for review of the decision of the Board of Immigration Appeals (the Board) denying him eligibility for asylum in the United States under 8 U.S.C. § 1101 (a)(42). We grant the petition and reverse the decision of the Board.

FACTS

Tarek Ghebllawi was born in Tripoli, Libya on February 26,1956. He is of Arab ethnicity and of the Moslem religion. He entered the United States on a student visa in 1980. He is a member of the U.S.A. Chapter of the General Union of the Students of Libya.

Libya is a country ruled by Colonel Muam-mar Qadhafi, whose rule is supported by some Libyans and strongly opposed by others. Tarek Ghebllawi harbored anti-Qadhafi sentiments and after coming to this country participated in anti-Qadhafi demonstrations in Colorado, Kansas, Oregon, and Washington. In these demonstrations he was hooded, but spoke; he believes that his voice was recognized by pro-Qadhafi Libyans.

In Portland, Oregon, in 1984 Ghebllawi engaged in political argument with the pro-Qadhafi Libyan Students Union. His opponents said to him and his friend: “You will see, you dogs, you will see what will happen to you.” Following this…