916 F.2d 1257 (7th Cir. 1990), 90-1032, Zalega v. I.N.S.

Docket Nº:90-1032.
Citation:916 F.2d 1257
Party Name:Jan ZALEGA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:October 26, 1990
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 1257

916 F.2d 1257 (7th Cir. 1990)

Jan ZALEGA, Petitioner,

v.

IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 90-1032.

United States Court of Appeals, Seventh Circuit

October 26, 1990

Argued Aug. 9, 1990.

Page 1258

Y. Judd Azulay, Roderick F. Mollison, Azulay & Azulay, Chicago, Ill., for petitioner.

Anton R. Valukas, U.S. Atty., Chicago, Ill., Lori L. Scialabba, Lauri S. Filppu, David J. Kline, Dept. of Justice, Office of Immigration Litigation, Washington, D.C., A.D. Moyer, I.N.S., Chicago, Ill., for respondent.

Before COFFEY, FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

COFFEY, Circuit Judge.

Jan Zalega petitions for review of a denial by the United States Immigration and Naturalization Service Board of Immigration Appeals (BIA) of his applications for asylum under section 208(a) of the Immigration and Nationality Act (Immigration Act), 8 U.S.C. Sec. 1158(a), and withholding of deportation under section 243(h), 8 U.S.C. Sec. 1253(h). 1

I.

Jan Zalega is a citizen of Poland. From 1974 to February 1982, Zalega worked as a manager of a livestock farm owned by the Polish government. Sometime at the end of 1981, Zalega refused to sign an oath of loyalty to party officials. Soon after his refusal, military police arrested and interrogated Zalega on three occasions. In February 1982, he was dismissed from his job. Zalega then started his own business, a fox farm. Zalega was again arrested in April of 1982 and interrogated about his association with Janusz Majewski, a Solidarity member to whom he had loaned money. 2 Beginning in June of 1982 and continuing until December of 1984, the police would summon Zalega every two to three months to the police station and interrogate him over a period of three to five hours primarily about Majewski, but also about his own

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activities. Zalega's final detention occurred in December of 1984 while he was in Warsaw selling fox furs. Zalega was arrested and detained for thirty-six hours, but then released when the police determined that his papers were in order. There is no indication that this detention was related to Zalega's failure to sign the loyalty oath. When Zalega returned home, he found that his apartment had been searched and some money and foxes confiscated.

Zalega also asserted as evidence of persecution that the police searched his parents' home and detained them after a brother left Poland for the United States in 1983. The police also questioned Zalega's parents after he left Poland in 1984. Finally, Zalega offers as further evidence of persecution that the Polish government, which controls ownership of real property, had rejected his requests to acquire additional land to expand his fox farm. Zalega did not offer documentary evidence of the general conditions in Poland at the time of his hearing.

On December 22, 1984, Zalega entered the United States as a visitor for pleasure. Zalega overstayed his visa; consequently, on July 17, 1985, the INS issued an Order to Show Cause why he should not be deported. Zalega conceded deportability and applied for withholding of deportation and asylum, asserting political persecution. The immigration judge denied Zalega's...

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