Azzouka v. Meese

In a prior appeal of this case, Azzouka v. Sava, 777 F.2d 68 (2d Cir.1985) (“Azzouka I”), cert. denied, — U.S.-, 107 S.Ct. 115, 93 L.Ed.2d 62 (1986), we ruled that the record was insufficient for a determination whether the alien’s claim for political asylum had been lawfully denied. Uncertainty arose because of the interplay between the exclusion provisions of the Immigration and Nationality Act of 1952, 8 U.S.C. §§ 1182(a)(27), 1225(e) (1982), and the asylum provisions of the Refugee Act of 1980, 8 U.S.C. §§ 1101(a)(42), 1158, 1253 (1982) (referred to herein by section numbers of Title 8,…