Adel Fares Estafanous Yacoub v. Immigr. & Naturalization Serv., 999 F.2d 1296 (8th Cir. 1993). · Go Syfert
Adel Fares Estafanous Yacoub v. Immigr. & Naturalization Serv., 999 F.2d 1296 (8th Cir. 1993). Cases Citing This Book View Copy Cite
11 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Urias-Orellana v. Bondi (scotus, 2026-03-04)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Urias-Orellana v. Bondi
SCOTUS · 2026 · confidence medium
Cf. Bartenwerfer v. Buckley, 598 U. S. 69 , 80 (2023) (“This Court generally as- sumes that, when Congress enacts statutes, it is aware of this Court’s relevant precedents” (internal quotation marks omitted)). —————— 5 See also Huaman-Cornelio v. BIA, 979 F. 2d 995, 999 (CA4 1992) (cit- ing Elias-Zacarias, 502 U. S., at 483–484); Chun v. INS, 40 F. 3d 76, 78 (CA5 1994) (per curiam) (same); Milosevic v. INS, 18 F. 3d 366, 370 (CA7 1994) (same); Yacoub v. INS, 999 F. 2d 1296, 1297 (CA8 1993) (per cu- riam) (same); Kazlauskas v. INS, 46 F. 3d 902, 905 (CA9 1995) (same).
cited Cited as authority (rule) Sallieuh Jalloh v. Alberto Gonzales, 1 Attorney General of the United States of America
8th Cir. · 2005 · confidence medium
See 8 U.S.C. § 1231 (b)(3); Yacoub v. INS, 999 F.2d 1296, 1298 (8th Cir.1993).
cited Cited as authority (rule) Sallieuh Jalloh v. Alberto Gonzalez
8th Cir. · 2005 · confidence medium
See 8 U.S.C. § 1231 (b)(3); Yacoub v. INS, 999 F.2d 1296, 1298 (8th Cir. 1993).
discussed Cited "see" Armando Cubillos v. Michael B. Mukasey (2×)
8th Cir. · 2009 · signal: see · confidence high
See Yacoub v. I.N.S., 999 F.2d 1296, 1298 (8th Cir. 1993).
cited Cited "see" Cubillos v. Holder
8th Cir. · 2009 · signal: see · confidence high
See Yacoub v. I.N.S., 999 F.2d 1296, 1298 (8th Cir.1993).
cited Cited "see" Ketut Wira Prawira v. Alberto Gonzales, Attorney General of the United States
8th Cir. · 2005 · signal: see · confidence high
See Yacoub v. INS, 999 F.2d 1296, 1298 (8th Cir.1993); 8 U.S.C. § 1231 (b)(3).
cited Cited "see" Ketut Prawira v. John Ashcroft
8th Cir. · 2005 · signal: see · confidence high
See Yacoub v. INS, 999 F.2d 1296, 1298 (8th Cir. 1993); 8 U.S.C. § 1231 (b)(3).
cited Cited "see" Viktor Valioukevitch v. Immigration and Naturalization Service
8th Cir. · 2001 · signal: see · confidence high
See Yacoub v. INS, 999 F.2d 1296, 1297 (8th Cir.1993).
cited Cited "see" Viktor Valioukevitch v. INS
8th Cir. · 2001 · signal: see · confidence high
See Yacoub v. INS, 999 F.2d 1296, 1297 (8th Cir. 1993).
discussed Cited "see, e.g." Edward Farid Morgan v. Immigration and Naturalization Service
9th Cir. · 1994 · signal: see also · confidence medium
See also Yacoub v. INS, 999 F.2d 1296, 1297-98 (8th Cir.1993) (in case where Egyptian Christian sought asylum, court held that petitioner "has not shown the Egyptian government persecuted him or is unable to control the Muslim majority," and affirmed BIA's denial of asylum request).
Retrieving the full opinion text from the archive…
Adel Fares Estafanous YACOUB, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
93-1201.
Court of Appeals for the Eighth Circuit.
Aug 3, 1993.
999 F.2d 1296
Joseph Lopez Wilson, Omaha, NE, for petitioner., Philemina McNeill Jones, Washington, DC (Stuart E. Schiffer, Robert Kendall, Jr. and Philemina McNeill Jones, on the brief), for respondent.
Fagg, Bowman, Loken.
Cited by 9 opinions  |  Published
PER CURIAM.

Adel Fares Estafanous Yacoub appeals an order of the Board of Immigration Appeals (BIA) denying Yacoub asylum and withholding of deportation. See 8 U.S.C. §§ 1158(a), 1253(h) (1988). We affirm.

Yacoub, an Egyptian citizen, entered the United States on a nonimmigrant visitor’s visa authorizing Yacoub to remain until February 17, 1985. Because Yacoub did not leave the country when his visa expired, the INS began deportation proceedings against him. Yacoub admitted he was deportable as an alien who had overstayed his authorized time in the United States but applied for asylum because he feared religious persecution in Egypt. After a hearing, the immigration judge (IJ) found Yacoub was not eligible for either asylum or withholding of deportation because Yacoub did not show specific credible facts to support a finding Yacoub was persecuted as a Christian in Egypt, or meet his burden of proof to establish a well-founded fear or clear probability of persecution. Yacoub appealed the IJ’s decision, and the BIA agreed with the IJ and dismissed the appeal.

The Attorney General has discretion to grant asylum to an alien who is unwilling to return home because of “a well-founded fear of persecution on account of ... religion.” 8 U.S.C. § 1101(a)(42)(A) (1988); see id. § 1158(a); Behzadpour v. United States, 946 F.2d 1351, 1352 (8th Cir.1991). Under this statutory standard, Yacoub had to show a reasonable person in his position would fear religious persecution if returned to Egypt. Alsheweikh v. INS, 990 F.2d 1025, 1026-27 (8th Cir.1993). “To overcome the BIA’s finding that [Yacoub] lacked a well-founded fear of [religious] persecution, [Ya-coub] must show ‘the evidence he presented was so compelling that no reasonable factfin-der could fail to find the requisite fear of persecution.’ ” Id. at 1027 (quoting INS v. Elias-Zacarias, — U.S. -, -, 112 S.Ct. 812, 817, 117 L.Ed.2d 38 (1992)). We uphold the BIA’s finding if “‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Elias-Zacarias, —— U.S. at -, 112 S.Ct. at 815 (quoting 8 U.S.C. § 1105a(a)(4) (1988)).

Here, a reasonable factfinder would not be compelled to find Yacoub has a well-founded fear of religious persecution. See id. at - n. 1, 112 S.Ct. at 815 n. 1. Yacoub has not shown the Egyptian government persecuted him or is unable to control the Muslim majority. See Arteaga v. INS, 836 F.2d 1227, 1231 (9th Cir.1988). The record shows that neither Yacoub nor any member of his family was ever arrested in Egypt,[*1298] Yacoub was employed, and Yacoub taught Christian classes until he left Egypt. The IJ and the BIA considered a State Department Bureau of Human Rights and Humanitarian Affairs decision asserting there was no systematic official discrimination against Christians in Egypt, and that the situation had improved since outbreaks of religious violence in the early 1980s. In sum, the BIA’s finding that Yacoub lacked a well-founded fear of religious persecution is supported by substantial evidence on the record.

The Attorney General must withhold deportation if Yacoub’s “life or freedom would be threatened [in Egypt] on account of ... religion.” 8 U.S.C. § 1253(h)(1) (1988). Yacoub must show persecution on religious grounds is “more likely than not” if he is returned to Egypt. INS v. Stevic, 467 U.S. 407, 424, 104 S.Ct. 2489, 2498, 81 L.Ed.2d 321 (1984). This standard is more difficult to meet than the “well-founded fear” standard for asylum. Behzadpour, 946 F.2d at 1354; see also INS v. Cardoza-Fonseca, 480 U.S. 421, 430-31, 107 S.Ct. 1207, 1212, 94 L.Ed.2d 434 (1987). Because Yacoub failed to show he is eligible for asylum, he also failed to show he is eligible for withholding of deportation. See Behzadpour, 946 F.2d at 1354.

Accordingly, we affirm.