We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

See Pricing

What's Your Topic?

Hire a Professional Writer Now

The input space is limited by 250 symbols

What's Your Deadline?

Choose 3 Hours or More.
Back
2/4 steps

How Many Pages?

Back
3/4 steps

Sign Up and See Pricing

"You must agree to out terms of services and privacy policy"
Back
Get Offer

Matter of Mogharrabi

Hire a Professional Writer Now

The input space is limited by 250 symbols

Deadline:2 days left
"You must agree to out terms of services and privacy policy"
Write my paper

Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987) Decided by Board June 12, 1987 FACTS: Mogharrabi and his wife were permitted into the United States from Iran as nonimmigrant students. They stayed in the United longer than the initial time allowed and arrangements were made for them to be deported. Mogharrabi filed for asylum to void the deportation for fear of his persecution because of his political opinion if he were to return to Iran. He claimed a well-founded fear of persecution based on an confrontation with an agent of the Ayatollah Khomeini regime working within the Iranian interests Section of the Algerian Embassy.

Don't use plagiarized sources. Get Your Custom Essay on
Matter of Mogharrabi
Just from $13,9/Page
Get custom paper

Mogharrabi claimed that himself and a companion went to the Algerian Embassy to document his student status but the agent of the Ayatollah Khomeini refused because Mogharrabi did not have the originals of the documents he needed. The denial of service led to an argument which progressed into a physical altercation. The agent proceeded to grab Mogharrabi’s companion by the neck until a supervisor came to separate.

The agent then threatened Mogharrabi’s companion with the statement along the lines of “he and his kind had better keep their eyes and ears open for their ‘day will soon come”.

Mogharrabi retaliated with stated “their kind had robbed Iran of all it was worth living for and they were nothing but religious fascists stuffing their pockets with the nations wealth”. The agent then pulled a gun on Mogharrabi and his companion who fled. Mogharrabi claims this whole incident was captured on the Embassy’s cameras. Another companion of Mogharrabi who came along but did not go inside with them appealed that they were also followed after leaving the embassy. Because of this incident Mogharrabi fears persecution upon his return to Iran.

ISSUE: Is Mogharrabi eligible for asylum based on his testimony of past persecution? RULE: In INS v. Cardoza-Fonseca , 480 U. S. 421 (1987), the United States Supreme Court held that the “clear probability” of persecution standard employed for withholding of deportation under section 243 (h) of the Immigration and Nationality Act, 8 U. S. C. § 1253(h) (1982), does not converge with, and may not be equated with, the “well-founded fear” of persecution standard used for asylum under section 208, 8 U. S. C. § 1158 (1982). Matter of Acosta , 19 I&N Dec. 11 (BIA 1985), is therefore overruled insofar as it held that the two standards were not meaningfully different, and in practical application converged. APPLY: (1) The well-founded fear of persecution standard used in section 208 of the Act is significantly different from the clear probability standard used in section 243 (h). (2) An applicant for asylum under section 208 of the Act has established a well-founded fear if a reasonable person in his circumstances would fear persecution. (3) A reasonable person may well fear persecution even where its likelihood is significantly less than clearly probable. 4) An alien’s own testimony in an asylum case may be sufficient, without corroborative evidence, to prove a well-founded fear of persecution where that testimony is believable, consistent, and sufficiently detailed to provide a plausible and coherent account of the basis for his fear. (5) Matter of Acosta’s requirement that an applicant for asylum CONCLUSION: Yes. Mogharrabi testimony is is credible, persuasive, and specific enough to be objective evidence that proves either past persecution or ‘good reason’ to fear future persecution.

Cite this Matter of Mogharrabi

Matter of Mogharrabi. (2016, Oct 27). Retrieved from https://graduateway.com/matter-of-mogharrabi/

Show less
  • Use multiple resourses when assembling your essay
  • Get help form professional writers when not sure you can do it yourself
  • Use Plagiarism Checker to double check your essay
  • Do not copy and paste free to download essays
Get plagiarism free essay

Search for essay samples now

Haven't found the Essay You Want?

Get my paper now

For Only $13.90/page