Anton v. I.N.S., No. 94-2709
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | Before CUMMINGS and FLAUM, Circuit Judges, and PAINE; PAINE |
| Citation | 50 F.3d 469 |
| Parties | Gheorghe ANTON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Docket Number | No. 94-2709 |
| Decision Date | 23 March 1995 |
Page 469
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Seventh Circuit.
Decided March 23, 1995.
Page 471
Y. Judd Azulay (argued), Stephen D. Berman, Azulay & Azulay, Chicago, IL, for petitioner.
Michael J. Shepard, Asst. U.S. Atty., Office of the U.S. Atty., Crim. Div., Chicago, IL, Donald E. Keener, Dept. of Justice, Office of Immigration Litigation, Washington, DC, Janet Reno, U.S. Atty. Gen., Office of the U.S. Atty. Gen., Washington, DC, Samuel Der-Yeghiayan, I.N.S., Chicago, IL, James B. Burns, Office of the U.S. Atty., Chicago, IL, William J. Howard, Jane Gomez (argued), U.S. Dept. of Justice, Civ. Div., Immigration Litigation, Washington, DC, David J. Kline, Dept. of Justice, Office of Immigration Litigation, Washington, DC, for respondent.
Before CUMMINGS and FLAUM, Circuit Judges, and PAINE, District Judge. *
PAINE, District Judge.
This is an appeal from a decision by the United States Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals, within this court's jurisdiction pursuant to 8 U.S.C. Sec. 1105(a) and 28 U.S.C. Sec. 2341. Milosevic v. I.N.S., 18 F.3d 366 (7th Cir.1994). The Petitioner seeks review of a final order of deportation under the Immigration and Nationality Act, 8 U.S.C. Sec. 1252.
Facts
The Petitioner is a native and citizen of Romania who entered the United States without inspection on August 18, 1990. At a deportation hearing in 1990, he conceded deportability as charged, and requested asylum and withholding of deportation. The basis for Petitioner's request is that since his birth, he has been a member of the Pentecostal religion. He further relies upon the alleged fact that as a result of his religious affiliation, in Romania he was "harassed, questioned, and threatened with removal of property and job firing." He concedes, however, that while in Romania, he regularly attended church services. He further alleges that after he asked for asylum, his wife who is still in Romania, was questioned by police and was warned that if petitioner did not return to Romania soon, they would see to it that he would never see his family again. He also chronicled difficulty contacting his wife in Romania by telephone and that his letters to her have been opened before delivery to her. While the Romanian police have not threatened to harm his wife, also a member of the Pentecostal faith, they have allegedly told her that if petitioner returns, he will be imprisoned.
The State Department's Division of Human Rights and Humanitarian Affairs reviewed petitioner's claim and stated to the Immigration Judge that the allegations contained in Petitioner's asylum application did not establish a well-founded fear of religious persecution. This conclusion was based in part upon the fact that the Romanian government no longer prohibits its citizens from the free practice of religion. Petitioner offered no evidence that contradicts this finding because neither he nor any of his witnesses has any personal knowledge of the Romanian government's present-day policies, practices, or intolerance regarding the practice of religion. Further, while his brothers were admitted to this country as refugees back in the early 1980's, the Immigration Judge took administrative notice that the Communist regime, which opposed all religions, has since been replaced by a new government in Romania.
Finding that the Petitioner had greatly exaggerated the threats that his wife had received, the Immigration...
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Marquez v. I.N.S., 96-1249
...court is not entitled to reverse 'simply because it is convinced that it would have decided the case differently.' " Anton v. INS, 50 F.3d 469, 472 (7th Cir.1995) (quoting Milosevic v. INS, 18 F.3d 366, 371 (7th Cir.1994)). We review the BIA's legal analysis de novo, although we accord the ......
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In re C-Y-Z-, Interim Decision No. 3319.
...has consistently been held not to rise to the level of persecution. See Abdel-Masieh v. INS, 73 F.3d 579 (5th Cir. 1996); Anton v. INS, 50 F.3d 469 (7th Cir. 1995); Prasad v. INS, 47 F.3d 336 (9th Cir. The threat of a future arrest if the applicant resists birth control measures in the futu......
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Mitev v. I.N.S., 94-2746
...court is not entitled to reverse 'simply because it is convinced that it would have decided the case differently.' " Anton v. INS, 50 F.3d 469, 472 (7th Cir.1995) (quotation We do not believe that the evidence presented by Mitev compels a conclusion that he is eligible for asylum. Rather, t......
-
In re C-Y-Z-, Interim Decision #3319
...has consistently been held not to rise to the level of persecution. See Abdel-Masieh v. INS, 73 F.3d 579 (5th Cir. 1996); Anton v. INS, 50 F.3d 469 (7th Cir. 1995); Prasad v. INS, 47 F.3d 336 (9th Cir. The threat of a future arrest if the applicant resists birth control measures in the futu......
-
Marquez v. I.N.S., 96-1249
...court is not entitled to reverse 'simply because it is convinced that it would have decided the case differently.' " Anton v. INS, 50 F.3d 469, 472 (7th Cir.1995) (quoting Milosevic v. INS, 18 F.3d 366, 371 (7th Cir.1994)). We review the BIA's legal analysis de novo, although we accord the ......
-
In re C-Y-Z-, Interim Decision No. 3319.
...has consistently been held not to rise to the level of persecution. See Abdel-Masieh v. INS, 73 F.3d 579 (5th Cir. 1996); Anton v. INS, 50 F.3d 469 (7th Cir. 1995); Prasad v. INS, 47 F.3d 336 (9th Cir. The threat of a future arrest if the applicant resists birth control measures in the futu......
-
Mitev v. I.N.S., 94-2746
...court is not entitled to reverse 'simply because it is convinced that it would have decided the case differently.' " Anton v. INS, 50 F.3d 469, 472 (7th Cir.1995) (quotation We do not believe that the evidence presented by Mitev compels a conclusion that he is eligible for asylum. Rather, t......
-
In re C-Y-Z-, Interim Decision #3319
...has consistently been held not to rise to the level of persecution. See Abdel-Masieh v. INS, 73 F.3d 579 (5th Cir. 1996); Anton v. INS, 50 F.3d 469 (7th Cir. 1995); Prasad v. INS, 47 F.3d 336 (9th Cir. The threat of a future arrest if the applicant resists birth control measures in the futu......