Marincas v. Lewis

OPINION OF THE COURT

McKAY, Circuit Judge.

Petitioner-Appellant Mircea Marineas, an alien with stowaway status, applied for and was denied political asylum by the Immigration and Naturalization Service (INS). The Board of Immigration Appeals (BIA) affirmed the denial of his application. Mr. Marineas then sought judicial review of the BIA decision by filing a petition for a writ of habeas corpus and a complaint for injunctive and declaratory relief. The district court denied relief. We reverse.

I. Factual and Procedural Background

Petitioner is a former soldier in the Romanian Army. He claims that…