Mortaza Vaez Maroufi v. Immigr. & Naturalization Serv., 772 F.2d 597 (9th Cir. 1985). · Go Syfert
Mortaza Vaez Maroufi v. Immigr. & Naturalization Serv., 772 F.2d 597 (9th Cir. 1985). Cases Citing This Book View Copy Cite
91 citation events (44 in the last 25 years) across 4 distinct courts.
Strongest positive: Martinez v. Bondi (ca9, 2025-05-23)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (rule) Martinez v. Bondi
9th Cir. · 2025 · confidence medium
The BIA and this court must “accept as true the facts stated in [petitioner’s] affidavit in ruling upon [her] motion to reopen unless [we find] those facts to be inherently unbelievable.” Ghahremani v. Gonzales, 498 F.3d 993, 999 (9th Cir. 2007) (quoting Maroufi v. INS, 772 F.2d 597, 600 (9th Cir. 1985)).1 “Motions for reopening of immigration proceedings are disfavored[.]” Cui v. Garland, 13 F.4th 991 , 995 (9th Cir. 2021) (quotation omitted).
discussed Cited as authority (rule) Aguilar Medina v. Bondi
9th Cir. · 2025 · confidence medium
While the BIA is under an affirmative obligation to “accept as 2 23-868 true facts stated in [the non-citizen’s] affidavit” unless “inherently unbelievable,” Ghahremani v. Gonzales, 498 F.3d 993, 999 (9th Cir. 2007) (quoting Maroufi v. INS, 772 F.2d 597, 600 (9th Cir. 1985)), Aguilar’s affidavit did not indicate that he misunderstood the consequences of voluntary departure.
discussed Cited as authority (rule) Felix Colindres-Trujillo v. Merrick Garland
9th Cir. · 2023 · confidence medium
“To establish a prima facie case, the movant must adduce evidence that, along with the facts already in the record, ‘will support the desired finding if evidence to the contrary is disregarded.’” Id. (quoting Maroufi v. I.N.S., 772 F.2d 597, 599 (9th Cir. 1985)).
discussed Cited as authority (rule) Joel Silva v. Merrick Garland
9th Cir. · 2021 · confidence medium
To establish a prima facie case, the movant must adduce evidence that, along with the facts already in the record, “will support the desired finding if evidence to the contrary is disregarded.” Maroufi v. INS, 772 F.2d 597, 599 (9th Cir. 1985); see also Sakhavat v. INS, 796 F.2d 1201, 1204 (9th Cir. 1986) (stating that, at the motion-to-reopen stage, the BIA must determine whether the movant’s affidavits “on their face cumulatively establish a clear probability” that he is entitled to the relief sought).
discussed Cited as authority (rule) Joel Silva v. William Barr
9th Cir. · 2020 · confidence medium
To establish a prima facie case, the movant must adduce evidence that, along with the facts already in the record, “will support the desired finding if evidence to the contrary is disregarded.” Maroufi v. INS, 772 F.2d 597, 599 (9th Cir. 1985); see also Sakhavat v. INS, 796 F.2d 1201, 1204 (9th Cir. 1986) (stating that, at the motion-to-reopen stage, the BIA must determine whether the movant’s affidavits “on their face cumulatively establish a clear probability” that he is entitled to the relief sought).
discussed Cited as authority (rule) Zuchao He v. William Barr
9th Cir. · 2020 · confidence medium
See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future harm is too speculative); Maroufi v. INS, 772 F.2d 597, 600 (9th Cir. 1985) (holding that BIA’s error in considering alien’s affidavit in support of motion to reopen was harmless because alien failed to establish prima facie case of eligibility).
discussed Cited as authority (rule) Ahmed Mounaddif v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
We reject Mounaddifs contentions that the BIA improperly discounted his evidence, see Maroufi v. INS, 772 F.2d 597, 599-600 (9th Cir.1985), ignored his arguments or explanations, or failed to adequately review the evidence, see Najmabadi, 597 F.3d at 990-91 (BIA adequately considered evidence and sufficiently, announced its decision).
discussed Cited as authority (rule) Syahroni Zakir v. Eric Holder, Jr.
9th Cir. · 2013 · confidence medium
The agency did not abuse its discretion in denying Zakir’s untimely motion to reopen where the motion was filed more than a year after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Zakir’s evidence did not establish prima facie eligibility for asylum, see INS v. Abudu, 485 U.S. 94, 104 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985) (no prima facie case established where “affidavit and application for asylum consisted…
discussed Cited as authority (rule) Maynor Avila-Ortiz v. Eric H. Holder Jr. (2×)
9th Cir. · 2013 · confidence medium
In ruling upon a motion to reopen, the IJ is “under an affirmative obligation to accept as true the facts stated in [the petitioner’s] affidavit in ruling upon his motion to reopen unless [the IJ finds] those facts to be inherently unbelievable.” Avagyan v. Holder, 646 F.3d 672, 678-79 (9th Cir.2011) (internal quotation marks omitted); see also Malty v. Ashcroft, 381 F.3d 942, 947 (9th Cir.2004); Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985).
discussed Cited as authority (rule) Singh v. Holder
9th Cir. · 2011 · confidence medium
We accept such facts as true unless the BIA finds them to be " 'inherently unbelievable.' ” Ghahremani v. Gonzales, 498 F.3d 993, 999 (9th Cir.2007) (quoting Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985)).
discussed Cited as authority (rule) Avagyan v. Holder (2×)
9th Cir. · 2011 · confidence medium
The BIA and this court are under an affirmative obligation to “accept as true the facts stated in [petitioner’s] affidavit in ruling upon his motion to reopen unless [we find] those facts to be inherently unbelievable.” Ghahremani v. Gonzales, 498 F.3d 993, 999 (9th Cir.2007) (quoting Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985)).
discussed Cited as authority (rule) Najmabadi v. Holder (2×) also: Cited "see, e.g."
9th Cir. · 2010 · signal: cf. · confidence medium
Cf. Maroufi, 772 F.2d at 600 (find- ing that it was error for the BIA to assume an affidavit must be independently corroborated, but holding that such error was neither dispositive nor prejudicial). [8] We have no doubt that the BIA would reach the same decision if we asked it to focus more closely on the contents of Najmabadi’s affidavit.
examined Cited as authority (rule) Najmabadi v. Holder (4×) also: Cited "see, e.g."
9th Cir. · 2010 · signal: cf. · confidence medium
Cf. Maroufi, 772 F.2d at 600 (finding that it was error for the BIA to assume an affidavit must be independently corroborated, but holding that such error was neither dispositive nor prejudicial).
discussed Cited as authority (rule) Laoh v. Mukasey
9th Cir. · 2008 · confidence medium
See Lolong v. Gonzales, 484 F.3d 1173, 1179-81 (9th Cir. 2007) (en banc) (petitioner failed to demonstrate the existence of a pattern and practice of persecution); Maroufi v. INS, 772 F.2d 597, 599-600 (9th Cir.1985) (petitioner failed to demonstrate that he would be singled out for future persecution).
discussed Cited as authority (rule) Lahamendu v. Mukasey
9th Cir. · 2008 · confidence medium
See Lolong v. Gonzales, 484 F.3d 1173, 1179-81 (9th Cir.2007) (en banc) (petitioner failed to demonstrate the existence of a pattern and practice of persecution); Maroufi v. INS, 772 F.2d 597, 599-600 (9th Cir.1985) (petitioner failed to demonstrate that he would be singled out for future persecution).
discussed Cited as authority (rule) Latuharhary v. Mukasey
9th Cir. · 2008 · confidence medium
See Lolong v. Gonzales, 484 F.3d 1173, 1179-81 (9th Cir.2007) (en banc) (petitioner failed to demonstrate the existence of a pattern and practice of persecution); Maroufi v. INS, 772 F.2d 597, 599-600 (9th Cir.1985) (petitioner failed to demonstrate that he would be singled out for future persecution).
discussed Cited as authority (rule) Limon v. Gonzales
9th Cir. · 2007 · confidence medium
See id. at 785 (to establish a prima facie ease, the evidence must reveal a reasonable likelihood that the statutory requirements for relief have been satisfied); Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985) (no prima facie case established where “affidavit and application for asylum consisted solely of eonclusory and speculative inferences drawn from generalized events”).
discussed Cited as authority (rule) Ghahremani v. Gonzales
9th Cir. · 2007 · confidence medium
GHAHREMANI v. GONZALES 10093 tive obligation to “accept as true the facts stated in [Ghahre- mani’s] affidavit in ruling upon his motion to reopen unless it finds those facts to be inherently unbelievable.” Maroufi v. INS, 772 F.2d 597, 600 (9th Cir. 1985) (internal quotation marks omitted); see also Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir. 2002).
discussed Cited as authority (rule) Ghahremani v. Gonzales
9th Cir. · 2007 · confidence medium
Our case law establishes, however, that the BIA was under an affirmative obligation to “accept as true the facts stated in [Ghahremani’s] affidavit in ruling upon his motion to reopen unless it finds those facts to be inherently unbelievable.” Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985) (internal quotation marks omitted); see also Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002).
discussed Cited as authority (rule) Guerrero-Mancia v. Gonzales
9th Cir. · 2006 · confidence medium
In ruling on a motion to reopen, facts asserted in a petitioner’s declaration generally must be accepted as true unless the IJ finds the facts “ ‘inherently unbelievable.’ ” Celis-Castellano, 298 F.3d at 892 (quoting Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985)).
discussed Cited as authority (rule) Lazcano v. Gonzales
9th Cir. · 2005 · signal: cf. · confidence medium
Cf Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985) (“The BIA is required to accept as true the facts stated in an alien’s affidavit in ruling upon his motion to reopen unless it finds those facts to be inherently unbelievable.”) (internal quotation marks omitted).
discussed Cited as authority (rule) Jose Manuel Celis-Castellano v. John Ashcroft, Attorney General
9th Cir. · 2002 · confidence medium
He contends that under Maroufi v. INS, 772 F.2d 597 (9th Cir.1985), the Board must “accept as true the facts stated in an alien’s affidavit in ruling upon his motion to reopen unless it finds those facts to be inherently unbelievable.” Id. at 600 (internal quotation marks omitted) (citing Hamid v. INS, 648 F.2d 635, 637 (9th Cir.1981)).
discussed Cited as authority (rule) Khan v. Immigration & Naturalization Service
9th Cir. · 2001 · confidence medium
Although we agree that the BIA erred by requiring the Khans to address credibility in their motion to reopen, see Khan v. INS, No. 96-70133, 1997 WL 335015, at *1 (9th Cir. June 12, 1997), we conclude that the error was not prejudicial because the Khans failed to establish eligibility for asylum, cf. Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985).
discussed Cited as authority (rule) Gil Ilano Colmenar,petitioner v. Immigration and Naturalization Service
9th Cir. · 2000 · confidence medium
His written application stated that he supported the government in his own way and resisted communist forces; that the NPA believed he was planted as an informant to kill the NPA leader’s son and to destroy the NPA; and that the NPA viewed his cooperation with the police and his refusal to make financial contributions as indicative of his opposition. 4 While these conclusory assertions by themselves are insufficient to support a claim for asylum, see Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985), it is possible that, given a reasonable opportunity to testify, Colmenar could explain how he…
cited Cited as authority (rule) Venevong Chandara v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985).
discussed Cited as authority (rule) Maria Marilyn Pagarigan v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Accordingly, the BIA must accept the truth of the alien's affidavits "unless it finds [the facts asserted] to be 'inherently unbelievable.' " Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985) (quoting Hamid v. INS, 648 F.2d 635, 637 (9th Cir.1981)). 4 Section 242(b) of the Immigration and Nationality Act ("Act") provides in pertinent part: 5 If any alien has been given a reasonable opportunity to be present at a proceeding under this section, and without reasonable cause fails or refuses to attend or remain in attendance at such proceeding, the [IJ] may proceed to a determination in like manner…
discussed Cited as authority (rule) Ana Patricia Villagran-Diaz Astrid Adriana Mendoza-Villagran Elsa Marisel Elsa Mariana Marisel Mendoza-Villagran v. United States Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
Accordingly, the BIA must accept the truth of the alien's affidavits "unless it finds [the facts asserted] to be 'inherently unbelievable.' " Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985) (quoting Hamid v. INS, 648 F.2d 635, 637 (9th Cir.1981)). 4 Section 242(b) of the Immigration and Nationality Act ("Act") provides in pertinent part: 5 If any alien has been given a reasonable opportunity to be present at a proceeding under this section, and without reasonable cause fails or refuses to attend or remain in attendance at such proceeding, the [IJ] may proceed to a determination in like manner…
cited Cited as authority (rule) M.A. A26851062 v. U.S. Immigration & Naturalization Service, Central American Refugee Center Lawyers Committee for Human Rights and Americas Watch, Amici Curiae
4th Cir. · 1988 · confidence medium
Maroufi v. INS, 772 F.2d 597, 600 (9 Cir.1985).
cited Cited as authority (rule) M.A. v. U.S. Immigration & Naturalization Service
4th Cir. · 1988 · confidence medium
Maroufi v. INS, 772 F.2d 597, 600 (9 Cir.1985).
discussed Cited as authority (rule) Immigration & Naturalization Service v. Abudu
SCOTUS · 1988 · confidence medium
A motion to reopen is analogous to a motion for summary judgment; each is accompanied by affidavits and other evidentiary material and may be granted if the motion presents ‘proof that will support the desired findings [of a prima facie case] . . . until it is contradicted or overruled by other evidence.’ Maroufi v. INS, 772 F. 2d 597, 599 (9th Cir. 1985).
cited Cited as authority (rule) Luis Mariano Platero-Reymundo v. Immigration and Naturalization Service
9th Cir. · 1987 · confidence medium
Maroufi v. INS, 772 F.2d 597, 601 (9th Cir.1985).
discussed Cited as authority (rule) Assibi Abudu v. Immigration and Naturalization Service
9th Cir. · 1986 · confidence medium
A motion to reopen is analogous to a motion for summary judgment; each is accompanied by affidavits and other evidentiary material and may be granted if the motion presents “proof that will support the desired findings [of a prima facie case] ... until it is contradicted or overruled by other evidence.” Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985).
examined Cited as authority (rule) Maryam Ghadessi v. Immigration and Naturalization Service (4×)
9th Cir. · 1986 · confidence medium
Id. at 514 ; Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985).
discussed Cited as authority (rule) Rahim Sakhavat v. Immigration & Naturalization Service
9th Cir. · 1986 · confidence medium
For purposes of the alien’s motion to reopen, the BIA must accept the truth of his affidavits “unless it finds [the facts asserted] to be ‘inherently unbelievable.’ ” Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985), quoting Hamid v. INS, 648 F.2d 635, 637 (9th Cir.1981); see also Hernandez-Ortiz, 777 F.2d at 512 n. 2 & 514; Aviles-Torres, 790 F.2d at 1436 .
discussed Cited as authority (rule) Esmail Haftlang v. Immigration and Naturalization Service (2×) also: Cited "see"
D.C. Cir. · 1986 · confidence medium
Thus the Board must accept as true reasonably specific facts proffered by an alien in support of a motion to reopen unless it finds those facts to be “inherently unbelievable.” See Maroufi v. I&NS, 772 F.2d 597, 600 (9th Cir.1985); Mattis v. I&NS, 756 F.2d 748, 751 (9th Cir.1985); Agustin v. I&NS, 700 F.2d 564, 565 (9th Cir.1983).
discussed Cited as authority (rule) Shahriar Kaveh-Haghigy and Sasan Kaveh-Haghigy v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 1986 · confidence medium
In evaluating petitioners’ claims, we must remember that petitioners cannot rely on “speculative conclusions or vague assertions.” Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985).
cited Cited as authority (rule) Oscar Ricardo Zayas-Marini v. Immigration and Naturalization Service
9th Cir. · 1986 · confidence medium
See Espinoza-Martinez v. INS, 754 F.2d 1536, 1540 (9th Cir.1985); Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985).
examined Cited as authority (rule) Adela Hernandez-Ortiz v. Immigration and Naturalization Service (4×) also: Cited "see"
9th Cir. · 1985 · confidence medium
Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985).
cited Cited "see" Eber Portillo-Hercules v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Maroufi v. I.N.S., 772 F.2d 597 , 599–600 (9th Cir. 1985).
discussed Cited "see" Krista Jap v. Eric Holder, Jr.
9th Cir. · 2012 · signal: see · confidence high
See Maroufi v. INS, 772 F.2d 597, 599-600 (9th Cir.1985); see also Wakkary v. Holder, 558 F.3d 1049, 1066 (9th Cir.2009) (“[a]n applicant for withholding of removal will need to adduce a considerably larger quantum of individualized-risk evidence to prevail”).
discussed Cited "see" Areta v. Gonzales
9th Cir. · 2007 · signal: see · confidence high
See Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985) (no prima facie case established where “affidavit and application for asylum consisted solely of conelusory and speculative inferences drawn from generalized events”); In re R-A- 22 I. & N. Dec. 906, 914 (BIA 2001) (asylum-seeker fearing harm from private party must show that “she [is] unable to avail herself of the protection of the Government ... in connection with the abuse inflicted”).
discussed Cited "see" Angelina Mapalad Ercia v. Immigration and Naturalization Service
9th Cir. · 1994 · signal: accord · confidence high
The Board "cannot act upon assumptions unsupported in the record and contradicted by affidavits that are not inherently unbelievable." Fazelihokmabad v. INS, 794 F.2d 1470, 1473 (9th Cir.1986), vacated on other grounds, 485 U.S. 930 (1988) (vacated and remanded in light of Abudu ); accord Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985). 11 To establish eligibility for asylum, an alien must demonstrate that she qualifies as a "refugee" within the meaning of 8 U.S.C.A.
discussed Cited "see" Josefina Lagarto-Snovelle v. Immigration and Naturalization Service
9th Cir. · 1994 · signal: accord · confidence high
The Board "cannot act upon assumptions unsupported in the record and contradicted by affidavits that are not inherently unbelievable." Fazelihokmabad v. INS, 794 F.2d 1470, 1473 (9th Cir.1986), vacated on other grounds, 485 U.S. 930 (1988) (vacated and remanded in light of Abudu ); accord Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985). 19 Petitioner contends the Board erred both in concluding that the explanation she proffered for her conduct at the deportation hearing was implausible and in concluding that she failed to establish a prima facie case of eligibility for asylum.
discussed Cited "see" Mojtaba Larimi v. Immigration and Naturalization Service
9th Cir. · 1986 · signal: see · confidence high
INS v. Rios-Pineda, — U.S. -, 105 S.Ct. 2098, 2102 , 85 L.Ed.2d 452 (1985) (Rios-Pineda); see Maroufi v. INS, 772 F.2d 597, 600-01 (9th Cir.1985) (Maroufi); Vasquez v. INS, 767 F.2d 598, 600-01 (9th Cir.1985) (Vasquez); Sangabi v. INS, 763 F.2d 374, 375 (9th Cir.1985).
discussed Cited "see, e.g." Jose Zamora-Chavez v. Loretta E. Lynch
9th Cir. · 2016 · signal: see also · confidence medium
See Xiao Fei Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (finding that the petitioner’s “claims of possible torture remain[ed] speculative” and therefore did not compel reversal); see also Maroufi v. INS, 772 F.2d 597, 599 (9th Cir. 1985) (rejecting an asylum application that “consisted solely of conclusory and speculative inferences drawn from generalized events”).
discussed Cited "see, e.g." Valmoja v. Gonzales
9th Cir. · 2007 · signal: see also · confidence medium
See Salta v. INS, 314 F.3d 1076, 1079 (9th Cir. 2002); see also Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002) (holding that in a motion to reopen, “the Board must accept the facts in an alien’s affidavit as true unless inherently unbelievable”) (quoting Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985)).
cited Cited "see, e.g." Mussa Ali Aliyan v. Immigration & Naturalization Service
9th Cir. · 1994 · signal: see also · confidence medium
Wang, 450 U.S. at 141 ; see also Maroufi v. INS, 772 F.2d 597, 599 (9th Cir.1985); Vasquez v. INS, 767 F.2d 598, 603 (9th Cir.1985).
discussed Cited "see, e.g." Santos Carlos Martinez-Sanchez v. Immigration and Naturalization Service (2×)
9th Cir. · 1986 · signal: see also · confidence medium
Cardoza-Fonseca, 767 F.2d at 1453-55 ; see also Maroufi v. INS, 772 F.2d 597, 601 (9th Cir.1985) (motion to reopen).
Retrieving the full opinion text from the archive…
Mortaza Vaez MAROUFI, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
83-7819.
Court of Appeals for the Ninth Circuit.
Sep 30, 1985.
772 F.2d 597
Jack I. Kaiser, San Francisco, Cal., for petitioner., Marshall T. Golding, Washington, D.C., for respondent.
Nelson, Wallace, Alarcon.
Cited by 60 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Jack I. Kaiser, San Francisco, Cal., for petitioner.

Marshall T. Golding, Washington, D.C., for respondent.

Petition to Review a Decision of the Immigration and Naturalization Service.

Before WALLACE, ALARCON, and NELSON, Circuit Judges.

ALARCON, Circuit Judge:

Lead Opinion

ALARCON, Circuit Judge:

Mortaza Maroufi seeks review of the decision of the Board of Immigration Appeals (hereinafter the BIA) denying his motion to reopen deportation proceedings for consideration of his request for asylum and withholding of deportation made pursuant to 8 U.S.C. §§ 1158, 1253(h). We have jurisdiction under 8 U.S.C. § 1105a. We affirm in part, reverse in part, and remand.

I

Maroufi, a native and citizen of Iran, entered the United States as a nonimmi-grant student visitor in June 1976. The Immigration and Naturalization Service (INS) instituted deportation proceedings against Maroufi in November 1980, charging that he had violated the conditions of his visa. An immigration judge found Mar-oufi to be deportable, and Maroufi’s subsequent appeal from this decision to the BIA was dismissed.

In January 1982, Maroufi filed a motion to reopen deportation proceedings pursuant to 8 C.F.R. § 3.2 (1985) to apply for political asylum. Pursuant to 8 C.F.R. § 208.-3(b) (1985), the BIA treated Maroufi’s motion as a request to reopen in order to seek both asylum and withholding of deportation. The BIA denied Maroufi’s motion in its entirety, and Maroufi appealed.

II

Maroufi asserts that the BIA erred in denying his motion to reopen. He contends that the motion should have been granted because he submitted sufficient evidence to make a prima facie showing of eligibility for asylum and a prima facie case for withholding of deportation.[1]

[*599] A.

We hold that the BIA did not abuse its discretion in denying Maroufi’s motion to reopen for withholding of deportation.

We are unpersuaded that Maroufi’s evidence, if believed, would prove that he faced a danger greater than any other citizen of Iran and therefore agree with the BIA’s finding that Maroufi has not met his burden of coming forward with a prima facie showing that he was eligible for withholding of deportation. It is never an abuse of discretion to deny a motion to reopen when a prima facie case for relief is not established.

Maroufi asserts that he presented a sufficient “non-frivolous claim to asylum which justified the proceeding be reopened.” He is incorrect. The standard of proof required to establish a prima facie case of entitlement to withholding of deportation is proof of a “clear probability of persecution.” INS v. Stevic, 467 U.S. 407, 104 S.Ct. 2489, 2492-2501, 81 L.Ed.2d 321 (1984). While it is true that no hard and fast rule can be laid down as to what constitutes a sufficient showing of a “prima facie” case of a clear probability of persecution, Matter of Sipus, 14 I & N Dec. 229, 231 (1972), the standard demands more than the presentation of a “non-frivolous claim to asylum.” The term “prima facie” traditionally indicates a requirement of proof that will support the desired finding if evidence to the contrary is disregarded; proof sufficiently strong to suffice on its own until it is contradicted or overruled by other evidence. See, e.g., INS v. Jong Ha Wang, 450 U.S. 139, 143-44 & n. 5, 101 S.Ct. 1027, 1030-31 & n. 5, 67 L.Ed.2d 123 (1981) (per curiam) (Wang). Matter of Martinez-Romero, 18 I & N Dec. 75 (1981).

In support of his motion to reopen, Maroufi submitted an affidavit citing the following circumstances as proof of his claim: (1) the statement of his parents in Iran that they were unable to speak openly in telephone conversations; (2) the fact that the last letter he received from his parents had been opened; (3) the fact that his father’s store had been closed by the government for stocking non-Iranian merchandise; and (4) his knowledge that individuals who oppose the current government in Iran, including members of the Mujahedeen, a group Maroufi has openly supported, are executed on a daily basis in Iran.

These incidents neither individually nor collectively establish that there is a clear probability that Maroufi would be persecuted upon his return to Iran. As for the telephone conversations and opened letter, it is a sad but true fact that the citizens of many foreign countries do not enjoy unhampered communication.

Similarly, Maroufi has neither alleged nor established that the closing of a store for selling non-Iranian merchandise is an act of persecution, or is not a proper sanction under Iranian law. Finally, Maroufi is apparently asking us to conclude that he is in danger of persecution because members of the Mujahedeen, a group he has openly supported, are among the thousands who have been executed for opposing the present government in Iran. We cannot draw such a specific inference of personal danger from such a sweeping claim.

We recognize the difficulty an alien may face in establishing that he or she will be persecuted. We are also aware of the political upheaval in Iran. However, Marou-fi’s affidavit and application for asylum consisted solely of conclusory and speculative inferences drawn from generalized events. Courts have recognized that a pri-ma facie case of the clear probability of persecution cannot be established from speculative conclusions or vague assertions. E.g., Wang, 450 U.S. at 143, 101[*600] S.Ct. at 1030. Affidavits submitted in support of motions to reopen deportation proceedings must contain specific facts in order to carry the burden of establishing a clear probability of persecution. See Shoaee v. INS, 704 F.2d 1079, 1084 (9th Cir.1983).

Maroufi’s assertion that the BIA must accept the truth of his evidence is correct. The BIA is required to accept as true the facts stated in an alien’s affidavit in ruling upon his motion to reopen unless it finds those facts to be “inherently unbelievable.” See Hamid v. INS, 648 F.2d 635, 637 (9th Cir.1981) (concerning a motion to reopen based upon an application for suspension of deportation under § 244(a)(1) of the I & N Act, 8 U.S.C. § 1254(a)(1)). There is no indication in this record, however, that the BIA did not accept the truth of Maroufi’s factual allegations.

The record does indicate that the BIA noted that “the respondent’s statements are totally unsupported by any corroborating evidence.” We do not agree with the BIA’s assertion that the law requires independent corroboration of the facts contained in a supporting affidavit. At oral argument, the government lawyer representing the Immigration and Naturalization Service (hereinafter INS) also argued that an alien’s “own affidavit, unsupported by independent corroboration, would not suffice” to meet the requirements of the INS regulations. It is clear from the express wording of the regulation that no such requirement was contemplated. The regulation provides that a motion to reopen must be supported by “affidavits or other evidentiary material____” 8 C.F.R. 103.5 (1984) (emphasis added).

It was thus error for the BIA to assume that the affidavit had to be independently corroborated. However, this error is neither dispositive nor prejudicial in light of Maroufi’s failure to present a prima facie case of a clear probability of persecution. A motion to reopen deportation proceedings cannot be granted when a prima facie case of eligibility for the relief sought is not established. See Wang, 450 U.S. at 141, 101 S.Ct. at 1029. The BIA reviewed the evidence offered by Maroufi and concluded that he had not made a prima facie showing that he was eligible. This conclusion is clearly supported by the record.

B.

The denial of the motion to reopen to consider Maroufi’s claim for asylum presents a different problem. In testing whether Maroufi established a prima facie case, it appears that the BIA may have incorrectly assumed that a well-founded fear of persecution is as stringent as a clear probability of persecution. See Bolanos-Hernandez v. INS, 767 F.2d 1277, 1282-84 (9th Cir.1984). The record suggests, however, that the BIA also might have relied on a different theory.

In a unanimous decision, the Supreme Court recently held that the BIA has broad discretion to deny motions to reopen deportation proceedings even if a prima facie case for relief from deportation is established. INS v. Rios-Pineda, — U.S.-, 105 S.Ct. 2098, 2101, 85 L.Ed.2d 452 (1985) (Rios-Pineda). At least since Wang, 450 U.S. at 143-44 & n. 5, 101 S.Ct. at 1030-31 & n. 5, the law of this circuit has been that BIA decisions on motions to reopen are reviewed only for an abuse of discretion. Despite the apparently clear language in footnote 5 of Wang, 450 U.S. at 143 n. 5, 101 S.Ct. at 1030 n. 5, there has been some disagreement in the circuit over whether the BIA’s discretion extends beyond proof of a prima facie case or whether denial of a motion to reopen when a prima facie case for relief has been established is itself an abuse of discretion. Compare Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985) (discretion extends beyond proof of a prima facie case), with Samimi v. INS, 714 F.2d 992, 995 (9th Cir.1983) (proof of a prima facie case forecloses discretion).

Rios-Pineda ends this debate in favor of additional discretion regardless of whether the underlying relief sought is mandatory or discretionary. See Vasquez [*601] v. INS, 767 F.2d 598, 601 (9th Cir.1985) (Vasquez). Motions to reopen are not a statutory form of relief, but arise under a regulation promulgated by the Attorney General and are not tied to a specific underlying relief provision. 8 C.F.R. § 3.2 (1985); see Rios-Pineda, 105 S.Ct. at 2102; Wang, 450 U.S. at 143, 101 S.Ct. at 1030 n. 5. Thus, this discretion extends to any motion to reopen under section 3.2, regardless of the nature of the underlying relief. See, e.g., Vasquez, at 601.

The record reveals that the BIA may have considered the merits of Maroufi’s claim, thus bringing it under Rios-Pineda. The BIA stated: “To warrant the requested relief a claim to persecution must be supported by evidence which is material, rather than by generalized undocumented assertions.” [AR 1] The BIA then concluded that Maroufi’s asylum claims were “totally unsupported by corroborating evidence.” [AR 2] This language suggests that the BIA would have denied the relief as a matter of discretion.

Although this is a possible ground of affirmance, in the absence of the BIA’s explicit statement that its underlying discretion was an alternative ground for its decision, we conclude that it is more appropriate to remand the case for a determination either of the correct meaning of the well-founded fear standard and whether Maroufi made out a prima facie case under it, or of whether Maroufi’s claim ultimately would be denied as a matter of discretion, thus justifying a discretionary denial of Maroufi’s motion to reopen.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

1

We recently suggested changing the label for this type of relief from "withholding of deportation” to "prohibition against deportation” to emphasize that the provision is no longer discre[*599] tionary. Bolanos-Hernandez v. INS, 767 F.2d 1277, 1281-82 (9th Cir.1985) (Bolanos-Hernan-dez). This language should not, of course, be used to misstate the law. We did not mean to suggest that section 243(h), prohibits the INS from deporting an alien to any country if he meets the provisions's requirements. In fact, section 243(h) only prohibits deportation or return to a country that would threaten the alien's life or freedom. It allows deportation to any other country that will accept the alien.

Concurrence

NELSON, Circuit Judge,

concurring:

I concur in the result reached by the majority, and in the reasons offered in part II.A of its opinion. However, I write specially to comment on its discussion in part II.B of the standard for reopening deportation proceedings.

Since the majority properly refuses to assume that the BIA based its denial of Maroufi’s motion on its underlying discretion, the majority’s discussion of the Supreme Court’s recent decision in INS v. Rios-Pineda, — U.S.-, 105 S.Ct. 2098, 85 L.Ed.2d 452 (1985), and the Ninth Circuit’s decision in Vasquez v. INS, 767 F.2d 598 (9th Cir.1985), is purely dicta. We are remanding this case precisely because we cannot determine from the record whether the BIA’s decision was based on the use of an incorrect legal standard or on the BIA’s underlying discretion. Consequently, it is unnecessary to decide or discuss whether an exercise of discretion to deny the motion to reopen would be proper under Rios-Pineda in the present case.

Furthermore, even if this question were currently before this panel, any citation to Vasquez would be tenuous at best. In part II of Vasquez, the court’s discussion of Rios-Pineda as it pertains to motions to reopen for suspension of deportation is dictum. Indeed, even its discussion in part I of the relevance after Rios-Pineda of the distinction between discretionary and non-discretionary statutory eligibility determinations is dictum. In part I, the Vasquez court was dealing with a motion to reopen for adjustment of status, in which the determination of basic statutory eligibility is non-discretionary. Obitz v. INS, 623 F.2d 1331, 1332 (9th Cir.1980). Even before Rios-Pineda, however, the Ninth Circuit held that when dealing with non-discretionary basic statutory eligibility, motions to reopen could be denied regardless of a prima facie showing. Ahwazi v. INS, 751 F.2d 1120, 1122 & n. 2. Thus, there was no need in part I of Vasquez to discuss discretionary basic statutory eligibility. As a result, the authoritativeness of that opinion on the interpretation of Rios-Pineda and the state of the law in motion to reopen situations is very much in doubt.

With these reservations and comments as to part II.B of the majority opinion, I concur in the judgment.