Shahriar Kaveh-Haghigy & Sasan Kaveh-Haghigy v. Immigr. & Naturalization Serv., 783 F.2d 1321 (9th Cir. 1986). · Go Syfert
Search
Shahriar Kaveh-Haghigy & Sasan Kaveh-Haghigy v. Immigr. & Naturalization Serv., 783 F.2d 1321 (9th Cir. 1986). Cases Citing This Book View Copy Cite
57 citation events (8 in the last 25 years) across 6 distinct courts.
Strongest positive: Najmabadi v. Holder (ca9, 2010-03-09)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) Najmabadi v. Holder (2×)
9th Cir. · 2010 · confidence medium
We have previously rejected an asylum claim based on the hatred of Iranians for Americans, noting that "this type of claim cannot possibly justify asylum[,]" because it would mean that " every citizen of a country unfriendly to the United States would be entitled to asylum." Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam). 3.
discussed Cited as authority (rule) Najmabadi v. Holder
9th Cir. · 2010 · confidence medium
We have previously rejected an asylum claim based on the hatred of Iranians for Americans, noting that “this type of claim cannot possibly justify asylum[,]” because it would mean that “every citizen of a country unfriendly to the United States would be entitled to asylum.” Kaveh- Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir. 1986) (per curiam). 3.
cited Cited as authority (rule) Matlijoska v. Atty Gen USA
3rd Cir. · 2003 · confidence medium
Elias-Zacarias, 502 U.S. at 482 ; Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986).
discussed Cited as authority (rule) Martirosyan v. Immigration & Naturalization Service
9th Cir. · 2000 · confidence medium
See, e.g., Castillo v. INS, 951 F.2d 1117, 1122 (9th Cir.1991); Rodriguez-Rivera v. U.S. Dept. of Immigration and Naturalization, 848 F.2d 998, 1005 (9th Cir.1988) (per curiam) (“RodrigueznRivera ignores ... that the government’s effort to recruit him into the military does not constitute political persecution.”); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam) (“Even petitioners admit that being drafted [into the] army does not amount to persecution.”).
discussed Cited as authority (rule) Tomas Soza v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
As conscription does not amount to persecution, Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986), the subpoena does not support Soza's claim. 7 In any event, to the extent that Soza did have a well-founded fear of persecution when he left Nicaragua, he has failed to demonstrate that this fear remains objectively reasonable in light of the change in government there.
cited Cited as authority (rule) Roberto J. Aguilar-Salazar v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985).
cited Cited as authority (rule) Noha Filomena Molinares, Baez De Carlos Alfonso Molinares-Mairena Martha Noha Molinares-Baes v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986). 6 Molinares claims that in spite of the change in government in Nicaragua, she continues to have reason to fear the Sandinistas.
discussed Cited as authority (rule) Mariusz Sudnikowski v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986). 7 The Board's denial of asylum or withholding of deportation is reviewed for abuse of discretion, and must be upheld if supported by reasonable, substantial, and probative evidence in the record.
discussed Cited as authority (rule) Dev Anand Sheetal Anand Arachana Anand v. Immigration & Naturalization Service
9th Cir. · 1995 · confidence medium
Sanchez-Trujillo v. INS, 801 F.2d 1571, 1574 (9th Cir.1986); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986). 10 The attack on Anand's brother provides no support unless Anand could show "a pattern of persecution closely tied to" him.
cited Cited as authority (rule) Juarez v. I.N.S.
9th Cir. · 1994 · confidence medium
Juarez fails to "allege specific facts that illuminate the hardships [he faces] rather than the difficulties of [his] entire nation." Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986).
cited Cited as authority (rule) Meheret Fanta Hailu v. Immigration & Naturalization Service
9th Cir. · 1994 · confidence medium
Kaveh-Haghigy v. I.N.S., 783 F.2d 1321, 1323 (9th Cir.1986).
discussed Cited as authority (rule) Walter Catalan-Mendez v. Immigration and Naturalization Service
9th Cir. · 1994 · confidence medium
Castillo v. I.N.S., 951 F.2d 1117, 1122 (9th Cir.1991); Rodriguez-Rivera v. I.N.S., 848 F.2d 998, 1005 (9th Cir.1988); Sanchez-Trujillo v. INS, 801 F.2d 1571, 1576-77 (9th Cir.1986); Kaveh-Haghigy v. I.N.S., 783 F.2d 1321, 1323 (9th Cir.1986); Zepeda-Melendez v. I.N.S., 741 F.2d 285, 289-90 (9th Cir.1984).
cited Cited as authority (rule) Mohinesh Dutt Vimlesh Dutt, Bimla Wati Dutt Muneshwar Dutt v. Immigration & Naturalization Service
9th Cir. · 1994 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986).
discussed Cited as authority (rule) Prem Chand v. Immigration & Naturalization Service
9th Cir. · 1994 · confidence medium
See, e.g., Martinez-Romero v. INS, 692 F.2d 595, 595-96 (9th Cir.1982) (general conditions in El Salvador did not, absent particularized circumstances, warrant relief from deportation); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (general allegations of persecution resulting from political climate of a nation did not warrant relief from deportation).
discussed Cited as authority (rule) Abdolmajid Moghadam-Falahi v. Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
See 8 U.S.C. § 101 (a)(42); see also, e.g., Abedini v. Immigration and Naturalization Serv., 971 F.2d 188, 191 (9th Cir.1992) (prosecution for violating laws of general applicability do not constitute grounds for asylum); Kaveh-Haghigy v. Immigration and Naturalization Serv., 783 F.2d 1321, 1323 (9th Cir.1986) (military service and persecution because of residence in U.S. not grounds for asylum).
discussed Cited as authority (rule) Mario Rafael Arana-Jarquin v. Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
See Rodriguez-Rivera v. INS, 848 F.2d 998, 1005 (9th Cir.1988) (Salvadoran government's efforts to recruit alien into the military does not constitute persecution); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam) (being drafted to serve in the Iranian army does not amount to persecution); Khalaf v. INS, 909 F.2d 589, 591-92 (1st Cir.1990) (likely Jordanian imprisonment for failure to fulfill military obligation is prosecution, not persecution).
discussed Cited as authority (rule) Mehdi Abedini v. U.S. Immigration and Naturalization Service
9th Cir. · 1992 · confidence medium
See Estrada-Posadas v. INS, 924 F.2d 916, 920 (9th Cir.1991) (persecution must be appreciably different from that found by fellow citizens); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam) (generalized allegations of persecution resulting from the political climate of a nation not sufficient).
discussed Cited as authority (rule) Raynaud Castillo-Bendana v. U.S. Immigration and Naturalization Service (2×)
9th Cir. · 1992 · confidence medium
See Abedini, slip op. at 8854; Rodriguez-Rivera, 848 F.2d at 1005 ; Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
cited Cited as authority (rule) Edgar E. Castillo v. Immigration and Naturalization Service
9th Cir. · 1991 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986).
cited Cited as authority (rule) Laurence G. Limsico v. U.S. Immigration and Naturalization Service
9th Cir. · 1991 · confidence medium
Zacarias v. INS, 921 F.2d 844, 854 (9th Cir.1990) (Zacarias), cert. granted, — U.S. —, 111 S.Ct. 2008 , 114 L.Ed.2d 96 (1991); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1322 (9th Cir.1986).
discussed Cited as authority (rule) Jalali v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 1991 · confidence medium
See Rodriguez-Rivera, 848 F.2d at 1005 ("Rodriguez-Rivera ignores ... that the government's effort to recruit him into the military does not constitute political persecution."); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam) ("Even petitioners admit that being drafted into the Iranian army does not amount to persecution."). 10 Jalali also contends, however, that he is a conscientious objector because his political and religious beliefs made it impossible for him to serve in the Iranian army.
discussed Cited as authority (rule) Roberto Antonio Aguilera-Cota v. U.S. Immigration and Naturalization Service (2×)
9th Cir. · 1990 · confidence medium
Rodriquez-Rivera v. INS, 848 F.2d 998, 1005 (9th Cir.1988); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
cited Cited as authority (rule) Jose Antonio Barraza Rivera v. Immigration and Naturalization Service
9th Cir. · 1990 · confidence medium
See Rodriguez-Rivera v. United States INS, 848 F.2d 998, 1005 (9th Cir.1988); Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
discussed Cited as authority (rule) Rafael Figeroa, A/K/A Rafael Najarro-Morales v. U.S. Immigration & Naturalization Service
4th Cir. · 1989 · confidence medium
The alien must offer “specific facts” detailing a “good reason” to fear persecution, or establishing an objectively reasonable “expectation of persecution.” Cruz-Lopez v. INS, 802 F.2d 1518, 1522 (4th Cir.1986), citing Cardoza-Fonseca, supra; Del Valle v. INS, 776 F.2d 1407 (9th Cir.1985); Diaz-Escobar v. INS, supra. These “specific facts,” referred to by the appellate courts must “illuminate the hardships” faced by the individual alien “rather than the difficulties of their entire nation.” Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986).
discussed 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
It is the possibility that an unwilling conscriptee may be associated with the commission of atrocities which places him in a different predicament from that of a conscriptee who merely disagrees with the political justification of a conflict. 4 See, e.g., Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9 Cir.1986) (allegedly "illegal, revolutionary war" in Iran did not render all obligatory military service persecution). 24 The Board has also acknowledged that eligibility for asylum may be established on the grounds that the individual is averse to military service on account of political oppositi…
discussed Cited as authority (rule) M.A. v. U.S. Immigration & Naturalization Service
4th Cir. · 1988 · confidence medium
It is the possibility that an unwilling conscriptee may be associated with the commission of atrocities which places him in a different predicament from that of a conscriptee who merely disagrees with the political justification of a conflict. 4 See, e.g., Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9 Cir.1986) (allegedly “illegal, revolutionary war” in Iran did not render all obligatory military service persecution).
cited Cited as authority (rule) Genaro Hermino Rodriguez-Rivera v. U.S. Department of Immigration and Naturalization
9th Cir. · 1988 · confidence medium
Kave h-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
discussed Cited as authority (rule) Eric Blanco-Comarribas v. Immigration and Naturalization Service (2×)
9th Cir. · 1987 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986).
discussed Cited as authority (rule) Russel K. Williams, Et Ux. v. Immigration and Naturalization Service (2×)
9th Cir. · 1986 · confidence medium
E.g., Kaveh-Haghigy v. INS, 783 F.2d 1321, 1322 (9th Cir.1986) (per curiam).
discussed Cited "see" Narciso Aquino-Camiro v. Merrick Garland
9th Cir. · 2023 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir. 1986) (“[P]etitioners cannot rely on speculative conclusions or vague assertions.” (internal quotation marks and citation omitted)). 4.
cited Cited "see" Khan v. Immigration & Naturalization Service
9th Cir. · 2001 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986); Larimi v. INS, 782 F.2d 1494, 1497 (9th Cir.1986) (per curiam).
cited Cited "see" Khanuja v. Immigration & Naturalization Service
9th Cir. · 2001 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1322 (9th Cir.1986) (per curiam).
discussed Cited "see" Jose N. Soto-Gutierrez v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam). 6 Because Soto-Gutierrez failed to establish either past persecution or a well-founded fear of persecution, the BIA properly denied Soto-Gutierrez's applications for asylum.
discussed Cited "see" Edgardo Antonio Chavez-Dinarte Rosa Argentina Adan-Areas Edgar Federico Chavez-Adams v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) ("Absent exceptional circumstances, it is not the place of the judiciary to evaluate the political justifications of the actions of foreign governments.").
discussed Cited "see" Mohammed Khalaf v. Immigration and Naturalization Service
1st Cir. · 1990 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (petitioner’s concern about hatred of Americans fails because notably unspecific); Rodriguez-Rivera, 848 F.2d at 1006 (knowledge of random violence does not substantiate claim of persecution); Bolanos-Hernandez v. INS, 749 F.2d 1316, 1323 (9th Cir.1984) (important that general evidence of conditions that merely raised a possibility that petitioner would be subject to terror was coupled with evidence of specific threat to petitioner’s life).
discussed Cited "see" M.A. A26851062 v. U.S. Immigration & Naturalization Service, Central American Refugee Center Lawyers Committee for Human Rights and Americas Watch American Immigration Lawyers Association Asylum Appeals Program of the San Francisco Lawyers Committee for Urban Affairs National Immigration Project of the National Lawyers Guild, Amici Curiae
4th Cir. · 1990 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (rejecting an asylum claim similar to M.A.'s because "[a]bsent exceptional circumstances, it is not the place of the judiciary to evaluate the political justifications of the actions of foreign governments"). 53 We thus reject petitioner's invitation to join the political branches in the articulation of foreign policy under the rubric of discerning a "well-founded fear of persecution." The Board's suggestion that the violence be condemned at a minimum by international governmental bodies renders inapplicable the cases cited by M.A. w…
discussed Cited "see" M.A. A26851062 v. U.S. Immigration & Naturalization Service
4th Cir. · 1990 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (rejecting an asylum claim similar to M.A.’s because “[ajbsent exceptional circumstances, it is not the place of the judiciary to evaluate the political justifications of the actions of foreign governments”).
cited Cited "see" Manuel Diaz Arteaga v. Immigration and Naturalization Service
9th Cir. · 1988 · signal: see · confidence high
See Kaveh-Haghigy v. INS, 783 F.2d 1321 (9th Cir.1986).
cited Cited "see, e.g." Tabaku v. Ashcroft
9th Cir. · 2004 · signal: see also · confidence medium
Allegations of isolated violence are not enough.” Id. (citations omitted); see also Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
cited Cited "see, e.g." T-M-B
unknown court · 1997 · signal: see also · confidence low
Matter of A-G-, 19 I&N Dec. 502, 506 (BIA 1987); see also Kaveh-Haghigy v. INS, 783 F.2d 1321 (9th Cir. 1986).
cited Cited "see, e.g." Bashar Abdulrahim Bader v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: see also · confidence medium
Abedini v. INS, 971 F.2d 188, 191 (9th Cir.1992); see also Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
cited Cited "see, e.g." Florentin Umanzor-Alvarado v. Immigration and Naturalization Service
1st Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).
Retrieving the full opinion text from the archive…
Shahriar KAVEH-HAGHIGY and Sasan Kaveh-Haghigy, Petitioners,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
85-7187.
Court of Appeals for the Ninth Circuit.
Mar 31, 1986.
783 F.2d 1321
John Garrisi, Los Angeles, Cal., for petitioners., Mark C. Walters, Washington, D.C., for respondent.
Sneed, Kennedy, Booc-Hever.
Cited by 52 opinions  |  Published
PER CURIAM:

Petitioners seek review of an order of the Board of Immigration Appeals denying a request for reopening of deportation proceedings to claim asylum. We deny the petition.

I.

FACTS

The petitioners are two brothers, natives and citizens of Iran. They arrived in the United States in 1979 on nonimmigrant student visas. Because they violated the terms of their visas, the INS began deportation proceedings against them. The Board of Immigration Appeals entered a final order of deportation on June 10, 1982. Although the immigration judge specifically asked the petitioners’ attorney if he wished to raise a claim for asylum, he declined to do so.

On January 31 and February 2, 1984, petitioners filed motions to reopen their deportation proceedings to apply for asylum and withholding of deportation. Their motions were denied. This case is an appeal from that denial. They do not (and cannot) challenge the merits of the earlier deportation proceeding. Petitioners offer two reasons why they should receive asylum. They fear that if they return to their native country, they will have to serve in the Iranian army in the war against Iraq. They also fear that they will face persecution because of their stay in America.

II.

STATUTORY BACKGROUND [1]

When an alien seeks to avoid deportation because he fears political persecution, he can raise claims under either of two statutes. The first of these statutes is section 208(a) of the Refugee Act of 1980, 8 U.S.C. § 1158(a) (1982); the second is section 243(h) of the Immigration and Nationality Act, id. § 1253(h).

Under section 208(a), the Attorney General may grant asylum to an, alien if he establishes a “well-founded fear of persecution.” Under section 243(h), the Attorney General must grant relief from deportation if the alien establishes a “clear probability of persecution.” Because section 243(h) raises a higher burden of proof, any alien who meets that standard automatically meets the section 208(a) standard.

III.

STANDARD OF REVIEW

Because these petitioners invoke these provisions through motions to reopen, the government’s actions are reviewed under a more lenient abuse of discretion standard. See INS v. Rios-Pineda, — U.S. -, 105 S.Ct. 2098, 2102, 85 L.Ed.2d 452 (1985). It is clear that the INS can refuse to reopen the proceedings if the alien fails to establish a prima facie case under either of the two standards. See, e.g., Samimi v. INS, 714 F.2d 992, 995 (9th Cir.1983) (by implication).

[*1323] IV.

ANALYSIS

The INS claims that the motions to reopen were properly denied for two reasons: first, the motions failed to present any evidence that was not available at the time of the earlier hearing; second, the motion did not present a prima facie case for either asylum or withholding of deportation.

The second of these arguments is sufficient for our decision. 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). They must allege specific facts that illuminate the hardships they face rather than the difficulties of their entire nation. See id. Even petitioners admit that being drafted to serve in the Iranian army does not amount to persecution. They argue, however, that the Khomeini government is conducting an illegal, revolutionary war that makes military service tantamount to persecution of all young males in the country. We reject this claim. Absent exceptional circumstances, it is not the place of the judiciary to evaluate the political justifications of the actions of foreign governments. Cf. Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 416-37, 84 S.Ct. 923, 934-45, 11 L.Ed.2d 804 (1964) (discussing the “act of state” doctrine).

The second basis of petitioners’ asylum claims is the hatred of Iranians for Americans. They assert that Iranians will persecute them because of their long stay in this country. This claim fails for several reasons. First, it is notably unspecific. Petitioners allege no threats against them based on their period of domicile in this country. Nor do they give specific examples of Iranian citizens who upon return to Iran have been persecuted solely because of their United States residency. More basically, this type of claim cannot possibly justify asylum. If it did, every citizen of a country unfriendly to the United States would be entitled to asylum.

Because the petitioners have not presented any specific facts that should have led the immigration officials to withhold deportation or grant asylum, the petition for review is denied.

1

. See generally INS v. Stevie, 467 U.S. 407, 104 S.Ct. 2489, 2496-2501, 81 L.Ed.2d 321 (1984) (discussing the requirements for relief under §§ 208(a) and 243(h)); Bolanos-Hernandez v. INS, 749 F.2d 1316, 1319 (9th Cir.1985) (same).