95 Cal. Daily Op. Serv. 5950, 95 Daily Journal D.A.R. 10,212 Saideh Fisher, AKA Saideh Hassib-Tehrani Kian Hosseini Lavasani v. Immigration and Naturalization Service

61 F.3d 1366 95 Cal. Daily Op. Serv. 5950 , 95 Daily Journal D.A.R. 10,212 Saideh FISHER, aka Saideh Hassib-Tehrani; Kian Hosseini Lavasani, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70676. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1993. Decided Oct. 5, 1994. Amended July 31, 1995. Order Granting Rehearing En Banc Sept. 29, 1995. Walter Rafael Pineda, Charles E. Nichol, San Francisco, CA, for petitioners. Karen Fletcher Torsteinson, U.S. Dept. of Justice, Washington, DC, for respondent. Petition for Review of a Decision of the Board of Immigration Appeals. Before: SCHROEDER, PREGERSON, and NELSON, Circuit Judges. Per Curiam; Partial Concurrence and Partial Dissent by Judge SCHROEDER. PER CURIAM: 1 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. Secs. 1158 (a), 1253(h)(1) (West Supp.1993), and denied Fisher's application for voluntary departure under section 244(e), id. Sec. 1254(e).…