In the Matter of Fritz Desir v. David N. Ilchert, District Director, Immigration & Naturalization Service
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TANG, Circuit Judge:
We examine whether beatings, imprisonment, and assaults by government security forces for the purpose of extortion may constitute persecution on account of political opinion within the meaning of sections 101(a)(42)(A) and 243(h)(1) of the Immigration and Nationality Act (the Act). Because we answer in the affirmative, we reverse the district court’s denial of an alien’s petition for a writ of habeas corpus.
I
Fritz Desir, a citizen and native of Haiti, was detained in Miami on September 11, 1981 and placed in exclusion proceedings under section 212(a)(20) of the Act, 8…
2Cases cited21 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Espectacion Bolanos-Hernandez v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1985
- Hugo Turcios v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1987
- Djordje Kovac v. Immigration and Naturalization Service, John P. Boyd, District Director, Seattle, WashingtonCourt of Appeals for the Ninth Circuit · 1969
- Luz Marina Cardoza-Fonseca v. U.S. Immigration and Naturalization Service, Francisca Rosa Arguello-Salguera v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1985
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3Cited by219 opinions
- Yueqing Zhang v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2005
- Kamla Prasad Meena Kumari Prasad Catherine Sandhya Prasad Micky Sudesh Prasad Ricky Sumit Prasad v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
- Shpetim Hoxha v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Mario Ernesto Navas v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Brijmati SINGH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1998
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