Nassery

Nassery v. Ashcroft

Good Law
108 F. App'x 530
United States Court of Appeals for the Ninth CircuitSeptember 1, 2004Nos. 02-72544, A24-602-897, A70-930-226, A70-930-227, A70-930-228, A70-930-229California384 words

Opinion

Lead Opinion

*531 MEMORANDUM ***

Hamid and Sima Nassery, and their three children, Zadran, Zarlacht and Ahmad Zaid Nassery, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we deny the petition for review.

We agree with the IJ that petitioners were firmly resettled in Germany, and are thus ineligible for asylum from Afghanistan. An alien is ineligible for asylum from one country if he or she was “firmly resettled in another country prior to arriving in the United States.” 8 U.S.C. § 1158 (b)(2)(A)(vi); see also Yang v. INS. 79 F.3d 932, 939 (9th Cir.1996). “An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she [lived in another country with] an offer of permanent resident status, citizenship, or some other type of permanent resettlement.” 8 C.F.R. § 208.15 . Petitioners were granted refugee status in Germany, and lived there for 14 years without restrictions on their residence or travel. Accordingly, substantial evidence…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.