Delara Nasseri v. Robert Moschorak, District Director, U.S. Immigration and Naturalization Service
Opinion
Opinion
Nelson, J.
Delara Nasseri appeals the district court’s judgment denying her petition for a writ of habeas corpus contesting a final order of exclusion. The district court affirmed the decision of the Board of Immigration Appeals (“the Board”) finding her excludable under 8 U.S.C. §§ 1158 and 1253(h), and denying her application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). We reverse the decision of the district court, grant the petition, and remand to the district court to issue the writ of habeas corpus.
FACTUAL AND PROCEDURAL BACKGROUND
Delara Nasseri is a thirty-nine year old native and citizen of Afghanistan. She was detained by the Immigration and Naturalization Service (“Service”) when she attempted to enter the United States on June, 14, 1992. The Service initiated exclusion proceedings, and she applied for asylum and withholding of deportation. The following overview of the facts is taken from Nasseri’s testimony before the Immigration Judge (“IJ”).
From 1977 to 1991, Nasseri worked as a teacher in a public elementary school in Kabul, where she lived with her husband and four children. She was an active member of the Moslem League Group, also…