Saideh Fisher, AKA Saideh Hassib-Tehrani Kian Hosseini Lavasani v. Immigration and Naturalization Service
Opinion
Opinion
Saideh Fisher and her son Kian Hosseini Lavasani are natives and citizens of Iran. An immigration judge (“IJ”) denied their requests for asylum and withholding of deportation brought pursuant to Immigration and Nationality Act (“INA” or “Act”) sections 208(a) and 243(h), 8 U.S.C.A. §§ 1158 (a), 1253(h)(1) (West Supp.1993), and denied Fisher’s application for voluntary departure under section 244(e), id. § 1254(e). The Board of Immigration Appeals (“Board” or “BIA”) dismissed their subsequent appeal. Fisher and Kian now petition for review of the Board’s judgment. We grant the petition, vacate the BIA’s decision, and remand for further proceedings.
Factual and Procedural Background
In February 1984, Fisher left Iran with her then eleven-year-old son Kian Lavasani. Because Kian’s immigrant status derives from his mother’s, see 8 C.F.R. § 208.21 (1993), all further discussion will focus on the experiences and status of Fisher, see Shirazi-Parsa v. INS, 14 F.3d 1424 , 1425 n. 1 (9th Cir.1994).
Fisher, who was divorced from Kian’s father, left Iran because of three incidents that occurred in the several months prior to her departure. Approximately six or seven months before she left…