Behnam

Behnam v. Ashcroft

Good Law
49 F. App'x 684
United States Court of Appeals for the Ninth CircuitOctober 15, 2002No. 01-70274; INS No. A70-035-589California728 words

Opinion

Lead Opinion

.MEMORANDUM **

Afsaneh Behnam, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s ruling that Behnam was ineligible for asylum in the United States because she had firmly resettled in Germany within the meaning of 8 C.F.R. § 208.15 . Although we hold that Behnam was firmly resettled in Germany, we hold that she has a well-founded fear of persecution in Germany on account of her political beliefs, and we reverse the BIA’s denial of asylum.

Behnam was born in Iran and lived there until she was eleven. Her father, Sohrab Ekhtebar, served as a Brigadier General in the Iranian military and as Lieutenant Governor of the Province of Loristan under the Shah. In 1979, after the overthrow of the Shah, Behnam left Iran with her mother and siblings and traveled *685 to Germany. Her father, who had been imprisoned in Iran, joined the family in Germany in 1980. Germany granted asylum to Behnam and her family in 1981, giving the family the right to live and work in that country indefinitely.

The family lived in Aachen, Germany, where they opened a restaurant and Behnam attended school. Behnam testified…

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