Fisher

concurring and dissenting in part:

I concur in all of the opinion as revised on denial of rehearing except for Part I.A.1. I have no substantive disagreement with the legal principles set out in Part I, but I disagree with their application to this case. In my view, the petitioner never fully articulated before the BIA the issues of future persecution that the majority proceeds to address in Part I.A.1. I also cannot agree that the BIA ought to have considered available reports when neither party made the post-1986 Country Reports, or any other current documentation of the treatment of women who violate Iranian moral codes, part of the record. Because the burden is on the applicant to show a “well-founded fear” of future persecution, see 8 C.F.R. § 208.13 (1995), the BIA should not be faulted for failing to consider evidence and arguments not advanced by the applicant. I therefore do not agree with the majority that the Board’s failure to consider the issue of future persecution can be regarded as an abuse of discretion.

ORDER

Sept. 29, 1995

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc…

Per Curiam; Partial Concurrence and Partial Dissent by Judge SCHROEDER.

Saideh Fisher and her son Kian Hosseini Lavasani are natives and citizens of Iran. An immigration judge (“U”) 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.

*1369 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 Kiaris father, left Iran because of three incidents that occurred in the several…