Fisher

joined by THOMPSON, Circuit Judge, concurring in the judgment:

I agree with the result reached by the majority, but write separately to emphasize a crucial aspect of this ease. At oral argument, Fisher’s counsel expressly disavowed any claim, that Fisher was persecuted or feared persecution on account of her gender, or that persecution of women could constitute persecution “on account of ... membership in a particular social group ” within the meaning of 8 U.S.C. § 1101 (a)(42)(A).

This essential fact must be taken into consideration in assessing Judge Wallace’s majority opinion. There is no issue of gender *966 discrimination before our en banc court. The majority opinion should not be read as establishing that enforcement of criminal laws against women, or the infliction of suffering upon women, because they are women cannot constitute persecution under the Act. All that properly can be said is that the enforcement of criminal laws against Fisher because she is a woman does not, on this record, constitute persecution on grounds of religion or ■political belief — the only two grounds urged by Fisher.

Judge Wallace’s opinion convincingly demonstrates that substantial evidence…

joined by FLETCHER, Circuit Judge, dissenting:

To begin with, the petitioner identified herself at the immigration hearing as Saideh Hassib-Tehrani. Despite the fact that the INS and this court have continued to identify her as “Fisher,” that appellation seems cruelly ironic when the majority denies that she was ever validly married to Fisher. It is always appropriate to refer to people by the names they give themselves. Consequently, in this dissent Saideh Hassib-Tehrani will be identified by the name she calls herself.

On October 5, 1994 a panel of this court unanimously remanded to the Board of Immigration Appeals (the Board) for further consideration of two claims: one, that Saideh Hassib-Tehrani feared persecution on account of her religious beliefs, and two, that she feared persecution on account of imputed political opinion. 37 F.3d 1371 , 1383 and 1384. The panel did not decide that she was entitled to asylum on these grounds. It only decided that the Board had failed to analyze the evidence that supported asylum on these grounds. Today the majority opinion denies her petition on the ground that substantial evidence supports the Board’s decision. However, the Board…

Opinion by Judge WALLACE; Concurrence by Judge CANBY; Dissent by Judge NOONAN.

Saideh Fisher and her son Kian Hosseini Lavasani are natives and citizens of Iran. On her behalf, as well as for her son, Fisher petitions for review of the Board of Immigration Appeals’ (Board) decision denying her application for asylum and withholding of deportation. The Board also denied Fisher’s application for voluntary departure pursuant to section 244(e) of the Immigration and Nationality Act (Act). 8 U.S.C. § 1254 (e). We have jurisdiction over this timely appeal pursuant to 8 U.S.C. § 1105a(a). The petition is denied.

I

Fisher and her son entered the United States on April 30, 1984. Because her son’s immigration status derives from her own, our discussion will focus on the status of Fisher. 8 C.F.R. § 208.21 (1995). Although Fisher was admitted as the fiancee of a United States citizen, she did not marry her then-fiancee within the 90-day period allowed by her visa. Instead, on August 4, 1984, she married Charles Fisher (Charles), a United States citizen. They were divorced in 1987.

Prior to their divorce, Charles filed a petition in support of Fisher’s application for permanent resident…