Mehran Najafi v. Immigration and Naturalization Service

FLAUM, Circuit Judge.

Mehran Najafi petitions this court pursuant to 8 U.S.C. § 1105a(a) to review the final decision of the Board of Immigration Appeals denying Najafi’s request for asylum, withholding of deportation, and suspension of deportation. Because we conclude that the inquiry into Najafi’s fear of religious persecution was mis-framed, we set aside the Board’s determination and return this matter to the Board for further consideration.

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Mehran Najafi, a native of Iran, came to the United States on a student visa in October 1978. After returning to Iran for a brief visit in 1979 for…