HOSSEINI v. GONZALES
The Ninth Circuit Court of Appeals today released an opinion in HOSSEINI v. GONZALES, No. 03-73734, an administrative appeal. The panel consisted of William C. Canby, Jr., Ronald M. Gould, and Carlos T. Bea, Circuit Judges.
CANBY, Circuit Judge:
Masoud Hosseini is an Iranian citizen who came to the United States on a student visa. He did not attend school and he overstayed his visa. He was ordered deported as an overstay, but he subsequently succeeded in having his deportation proceeding reopened. He sought asylum, withholding of deportation, and adjustment of status under the Immigration and Nationality Act (”INA”). He also sought withholding and deferral of deportation under the Convention Against Torture. An immigration judge denied Hosseini all relief under the INA primarily because of his connection and activities with the Iranian dissident group Mujahedin-e Khalq (”MEK”),. . .
The request of the government for clarification of this court’s opinion, reported at 464 F.3d 1018, is GRANTED. The opinion of this court, filed September 28, 2006, is amended as follows: At 464 F.3d 1024, first full paragraph, immediately following the citation to Travel Document Requirements for Citizens of the Islamic Republic of Iran, indicate a new footnote 6. That footnote is to state:
The government points out that it is precluded by regulation from disclosing any information relating to Hosseini’s asylum application “without the written consent” of Hosseini. 8 C.F.R. ยง 1208.6(a). Although that regulation restrains the government, it does not impede Iran’s actions. Original footnote 6 is then renumbered to become footnote 7. OPINION CANBY, Circuit Judge:
Masoud Hosseini is an Iranian citizen who came to the United States on a student visa. He did not attend school and he overstayed his visa. He was ordered deported as an overstay, but he subsequently succeeded in having his deportation proceeding reopened. He sought asylum, withholding of deportation, and adjustment of status under the Immigration and Nationality Act (”INA”). He also sought withholding and deferral of deportation under the Convention Against Torture. An immigration judge denied Hosseini all relief under the INA primarily because of his connection and activities with the Iranian dissident group Mujahedin-e Khalq (”MEK”),. . .