Ghashghaee

MEMORANDUM *

The Board of Immigration Appeals’ (“BIA”) erred in finding that Abbas Ghashghaee was ineligible for asylum because of his assistance in the persecution of others. An individual may not be granted asylum or withholding of deportation if he “ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1258 (h)(2)(A) (1994); 8 U.S.C. § 1101 (a)(42); 8 C.F.R. § 208.18 . Respondent has not introduced evidence to indicate that Ghashghaee assisted in the persecution of others. See 8 C.F.R. § 208.13 (c)(2)(ii). “[H]arm which may result incidentally from behavior directed at another goal, ... the defense of [a] government against an opponent, is not persecution.” Matter of Rodríguez-Majano, 19 I. & N. Dec. 811, 815 , 1988 WL 235466 (1988). Ghashghaee worked for SAVAK prior to the Iranian Revolution, but the evidence does not indicate that Ghashghaee assisted in the persecution of others within the meaning of our asylum laws.

The BIA’s denial of Ghashghaee’s motion to remand to consider his application under the Convention Against…