Hossein Nahrvani v. Alberto Gonzales, Attorney General

399 F.3d 1148 Hossein NAHRVANI, Petitioner, v. Alberto GONZALES, * Attorney General, Respondent. No. 03-70586. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 6, 2004. Filed March 7, 2005. COPYRIGHT MATERIAL OMITTED Louis A. Gordon, Los Angeles, CA, for the petitioner. Daniel E. Goldman (briefed), Earle B. Wilson (argued), Office of Immigration Litigation, Washington, D.C., for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Before: B. FLETCHER, HANSEN, ** and RAWLINSON, Circuit Judges. Opinion by Judge RAWLINSON; Dissent by Judge FLETCHER. RAWLINSON, Circuit Judge: 1 Hossein Nahrvani, a native of Iran, petitions for review of the Board of Immigration Appeals' (BIA) summary affirmance of the Immigration Judge's (IJ) denial of his request for asylum from Iran and his request for withholding of removal and protection under the Convention Against Torture (CAT) as to Germany. The IJ granted withholding of removal and protection under the CAT as to Iran. Because the IJ's determinations were supported by substantial evidence, we deny the petition. I. BACKGROUND 2 Nahrvani entered the United States on or about April 15,…

Opinion by Judge RAWLINSON; Dissent by Judge FLETCHER.

Hossein Nahrvani, a native of Iran, petitions for review of the Board of Immigration Appeals’ (BIA) summary affirmance of the Immigration Judge’s (IJ) denial of his request for asylum from Iran and his request for withholding of removal and protection under the Convention Against Torture (CAT) as to Germany. The IJ granted withholding of removal and protection under the CAT as to Iran. Because the IJ’s determinations were supported by substantial evidence, we deny the petition.

I.

BACKGROUND

Nahrvani entered the United States on or about April 15, 1999. Approximately one year later, the Immigration and Naturalization Service (INS) issued Nahrvani a Notice to Appear alleging that he was removable under Section 237(a)(1)(B) of the Immigration and Nationality Act for remaining in the United States longer than was permitted. Nahrvani conceded re-movability, but submitted an application for asylum and withholding of removal. In the alternative, Nahrvani requested that the case be reviewed under the CAT.

In support of his application, Nahrvani testified that, while living in Iran, he was arrested and jailed for approximately…

dissenting.

I respectfully dissent from the denial of eligibility for asylum. The record compels a finding that Nahrvani experienced past persecution on account of his political opinion and religion and reasonably fears future persecution if he is returned to Germany or Iran. Nahrvani was granted asylum in Germany because of his persecution in Iran. Although Nahrvani felt safe in Germany for some time, that safety was compromised when the Iranian government discovered Nahrvani’s whereabouts. Iranian agents recommenced a campaign of persecution against Nahrvani, and the German government was unwilling or unable to control them.

The IJ found Nahrvani’s testimony regarding events in both Iran and Germany to be credible. Specifically, the IJ found that Nahrvani was “forthright and ... sufficiently detailed and consistent in light of the general conditions, not only in his country of Iran but in his country of Germany as well.”

Because the IJ found Nahrvani credible, no one disputes that Nahrvani satisfied the subjective component of the well-founded fear test. Similarly, there is no dispute that the Iranian government acted against Nahrvani on the basis of a statutorily protected…