Bogdan Wojcik v. Immigr. & Naturalization Servs., 951 F.2d 172 (8th Cir. 1991). · Go Syfert
Search
Bogdan Wojcik v. Immigr. & Naturalization Servs., 951 F.2d 172 (8th Cir. 1991). Cases Citing This Book View Copy Cite
21 citation events (5 in the last 25 years) across 7 distinct courts.
Strongest positive: S-E-G (bia, 2008-07-01)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) S-E-G
BIA · 2008 · confidence medium
See Bureau of Democracy, Human Right, and Labor, U.S. Dep’t of State, El Salvador Country Reports on Human Rights Practices - 2007 (Mar. 11, 2008), available at http://www.state.gov/g/drl/rls/hrrpt/2007/100639.htm; see also Francois v. INS, 283 F.3d 926, 933 (8th Cir. 2002); Wojcik v. INS, 951 F.2d 172, 173 (8th Cir. 1991). 587 Cite as 24 I&N Dec. 579 (BIA 2008) Interim Decision #3617 have not submitted evidence that persuades us that gangs commit violent acts for reasons other than gaining more influence and power, and recruiting young males to fill their ranks.
discussed Cited as authority (rule) Chhetry v. U.S. Dep't of Justice
2d Cir. · 2007 · confidence medium
Accordingly, courts have upheld reliance on 7 newspaper articles to demonstrate changed country conditions when those articles showed recent 8 changes in a country’s political situation and the accuracy of the noted changes was undisputed. 9 See Wojcik v. INS, 951 F.2d 172, 173 (8th Cir. 1991).
cited Cited as authority (rule) Sihin Hadera Francois v. Immigration and Naturalization Service
8th Cir. · 2002 · confidence medium
Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991) (agreeing with Seventh and Tenth Circuit decisions approving the BIA’s use of administrative notice of changed political conditions).
discussed Cited as authority (rule) Sihin Francois v. INS
8th Cir. · 2002 · confidence medium
Wojcik v. INS, 951 F.2d 172, 173 (8th Cir. 1991) (agreeing with Seventh and Tenth Circuit decisions approving the BIA's use of administrative notice of changed political conditions).
cited Cited as authority (rule) Azar Safaie v. Immigration and Naturalization Service
8th Cir. · 1994 · confidence medium
Wojcik v. INS, 951 F.2d 172, 173 (8th Cir. *640 1991) (per curiam); Kapcia v. INS, 944 F.2d 702, 706 (10th Cir.1991).
discussed Cited as authority (rule) de la Llana-Castellon v. Immigration & Naturalization Service
10th Cir. · 1994 · confidence medium
Cases in which the appellate court has affirmed the BIA’s decision upholding an immigration judge's denial of asylum for lack of a well-founded fear of persecution include Mustafa v. INS, No. 92-2247, 1993 WL 347441 at *1 (4th Cir. Sept. 7, 1993); Tokarska v. INS, 978 F.2d 1 , 1 (1st Cir.1992); Rhoa-Zamora v. INS, 971 F.2d at 29; Gutierrez-Rogue v. INS, 954 F.2d at 771 ; Wojcik v. INS, 951 F.2d 172, 172-73 (8th Cir.1991); Jan usiak v. INS, 947 F.2d 46, 47 (3d Cir.1991); Kaczmarczyk v. INS, 933 F.2d at 591 ; and Kubon v. INS, 913 F.2d 386, 387 (7th Cir.1990). .
discussed Cited as authority (rule) Llana-Castellon v. Immigration and Naturalization Service
10th Cir. · 1994 · confidence medium
"The best that can be hoped for is internal changes within the ruling party--the pressures today may force the emergence of a new form of Sandinism." (R. at 305.) We cite the above cases and record not as evidence that the BIA's decision was not supported by substantial evidence, which would be impermissible, see Gomez-Vigil, 990 F.2d at 1113 , but as part of our consideration of whether the BIA properly exercised its discretion in taking administrative notice, see Castillo-Villagra, 972 F.2d at 1030 & n. 6; Rivera-Cruz v. INS, 948 F.2d 962 , 967 n. 4 (5th Cir.1991). 2 Cases in which the appel…
cited Cited as authority (rule) Oscar Abelardo Lopez-Zeron Maria Virginia Sarmiento De Lopez v. U.S. Department of Justice Immigration and Naturalization Service
8th Cir. · 1993 · confidence medium
Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991) (per curiam); Kapcia v. INS, 944 F.2d 702, 706 (10th Cir.1991).
discussed Cited as authority (rule) Sayd Mustafa v. U.S. Immigration & Naturalization Service
4th Cir. · 1993 · confidence medium
RhoaZamora v. INS, 971 F.2d 26 (7th Cir. 1992), petition for cert. filed, 61 U.S.L.W. 3546 (U.S. Feb. 2, 1993) (No. 92-1299); Wojcik v. INS, 951 F.2d 172, 173 (8th Cir. 1991); Rivera-Cruz, 948 F.2d at 966-67 ; Janusiak v. U.S. INS, 947 F.2d 46 , 48 n.1 (3d Cir. 1991); Kapcia v. INS, 944 F.2d 702, 705 (10th Cir. 1991).
discussed Cited as authority (rule) Farzin Khaefyazdani v. Immigration & Naturalization Service
10th Cir. · 1993 · confidence medium
An alien's fear must be genuine, Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991), and must be established by "credible, direct, and specific evidence." Kapcia v. INS, 944 F.2d 702, 708 (10th Cir.1991).
cited Cited as authority (rule) Agustin Rhoa-Zamora v. Immigration and Naturalization Service, Felipe Antonio Juresma-Altamirano and Luis Rodriguez-Altamirano v. Immigration and Naturalization Service, Luis Andres Esquivel-Berrios v. Immigration and Naturalization Service
7th Cir. · 1992 · signal: cf. · confidence medium
Cf. Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991).
cited Cited as authority (rule) Rhoa-Zamora v. Immigration & Naturalization Service
7th Cir. · 1992 · signal: cf. · confidence medium
Cf. Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991).
cited Cited "see" Krishna Bahadur Bhattarai Chhetry v. U.S. Department of Justice, Attorney General Alberto R. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991).
discussed Cited "see" Jan Acewicz v. U.S. Immigration and Naturalization Service, Henryk Brelyk v. U.S. Immigration and Naturalization Service, Albin Czyz v. U.S. Immigration and Naturalization Service, Tadeusz Nogacki v. U.S. Immigration and Naturalization Service, Andrzej Andrzelachaj v. U.S. Immigration and Naturalization Service, Stanislaw Rusiecki v. U.S. Immigration and Naturalization Service, Henryk Wroblewski v. U.S. Immigration and Naturalization Service, Pawel Woszewski v. U.S. Immigration and Naturalization Service
9th Cir. · 1993 · signal: see · confidence high
See Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991); Janusiak v. INS, 947 F.2d 46 , 48 & n. 1 (3d Cir.1991). 13 The petitioners contend that our decision in Castillo-Villagra compels a conclusion that they were denied due process.
cited Cited "see" Acewicz v. U.S. Immigration & Naturalization Service
9th Cir. · 1993 · signal: see · confidence high
See Wojcik v. INS, 951 F.2d 172, 173 (8th Cir.1991); Janusiak v. INS, 947 F.2d 46 , 48 & n. 1 (3d Cir.1991).
Retrieving the full opinion text from the archive…
Bogdan WOJCIK, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICES, Respondent
91-1920.
Court of Appeals for the Eighth Circuit.
Dec 17, 1991.
951 F.2d 172
Herbert A. Igbanugo, Minneapolis, Minn., for petitioner., Karen Fletcher Torstenson, Washington, D.C. (Stuart M. Gerson and Robert Kendall, Jr., on brief), for respondent.
Beam, Loken, Heaney.
Cited by 19 opinions  |  Published
PER CURIAM.

Bogdan Wojcik petitions for review of an Immigration and Naturalization Service (INS) order denying his request for asylum under Section 208 of the Immigration and Nationality Act, 8 U.S.C. § 1158. We affirm.

Wojcik, born in Szczecin, Poland, was an active member of the Solidarity union between 1980 and 1987. He arrived in the United States in July 1987 as a crew member of a Polish vessel, left his ship, and stayed beyond the time authorized by the INS. The INS issued an order for Wojcik to show cause why he should not be deported. In response, Wojcik conceded he was deportable and requested asylum.

At his initial hearing, Wojcik testified about his Solidarity participation, and his fear that, if he returned to Poland, he would be imprisoned for abandoning ship and for engaging in political activities. He introduced a February 1988 advisory opinion from the Department of State’s Bureau of Human Rights and Humanitarian Affairs, stating that assuming the facts in his application were true, Wojcik had a well-founded fear of persecution in Poland. He also introduced a December 12, 1987 letter from his sister in Poland, indicating that the secret police had searched family members’ homes looking for Wojcik’s belongings, that they found Solidarity publications, and that he would receive a long prison sentence if he returned.

In May 1988, the immigration judge denied Wojcik’s request for asylum and withholding of deportation, finding that Wojcik had not been punished in the past for his Solidarity activities, that he did not present sufficient evidence to support a current fear of persecution, and that any anticipat[*173] ed punishment for jumping ship did not provide a legal basis for granting asylum.

Wojcik appealed the decision to the Board of Immigration Appeals (BIA), arguing he had a well-founded fear of persecution which was corroborated by his sister’s letter. The BIA, relying on newspaper articles, took administrative notice that “effective September 10, 1989, the Solidarity organization formally entered into the coalition government which is presently governing Poland”; that in December 1990, Lech Walesa was elected and sworn in as president of Poland; and that electoral reforms were projected. The BIA found that Wojcik no longer had a well-founded fear of persecution by the Polish government, and affirmed the decision denying Wojcik asylum.

Under the Immigration and Nationality Act, the Attorney General has the discretion to grant asylum to “refugees,” 8 U.S.C. § 1158(a). A refugee is a person who is unable or unwilling to return to his home country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion,” 8 U.S.C. § 1101(a)(42)(A). The well-founded fear standard has both a subjective and an objective component:

The subjective component requires that the [alien’s] fear be genuine, while the objective component “requires a showing by credible, direct and specific evidence ... of facts that would support a reasonable fear that the petitioner faces persecution.”

Rodriguez-Rivera v. INS, 848 F.2d 998, 1002 (9th Cir.1988) (emphasis in original). In this case, both the immigration judge and the BIA concluded that Wojcik had not established that he is a refugee, and therefore his request was denied without reaching the question whether the discretion to grant asylum should be exercised. In reaching its conclusion, the BIA expressly relied upon the recent, dramatic political changes in Poland, changes that have seen the Solidarity union, a renegade and at times illegal political organization when Wojcik first participated, rise to a legitimate and even leadership role in the Polish government.

The BIA’s use of administrative notice of the changed political conditions in Poland has been approved by two circuits. See Kapcia v. INS, 944 F.2d 702, at 707 (10th Cir.1991); Kaczmarczyk v. INS, 938 F.2d 588, 593-95 (7th Cir.), cert. denied, — U.S. —, 112 S.Ct. 583, 116 L.Ed.2d 608 (1991). We agree with those decisions. In addition, We have carefully reviewed the entire record, and conclude there is substantial evidence to support the BIA’s finding that Wojcik no longer has a well-founded fear of persecution by the Polish government on account of his Solidarity activities. See Kubon v. INS, 913 F.2d 386, 388 (7th Cir.1990).

Accordingly, we affirm.