Legal Opinion
Fergiste v. Immigration & Naturalization Service
Court of Appeals for the First Circuit
Decided March 12, 1998No. 97-1851PublishedCited by 62 opinions
1Opinion of the Court
STAHL, Circuit Judge.
Petitioner Nicken Fergiste appeals a Board of Immigration Appeals (“Board” or “BIA”) decision affirming a final order of exclusion, denying him political asylum and withholding of deportation. The Board found that changed country conditions" in Haiti had obviated any need for political asylum. Because the Board failed to apply, and the Immigration and Naturalization Service (“INS”) failed to rebut, a presumption that petitioner had a reasonable fear of persecution in the future if he were to return to Haiti, we reverse and remand the case to the Board.
I
FACTS AND PRIOR…
2Cases cited11 opinions
- Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
- Immigration & Naturalization Service v. StevicSupreme Court of the United States · 1984
- Singh v. IlchertCourt of Appeals for the Ninth Circuit · 1995
- Tommy R. OSORIO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1996
- Valli Kandiah Ravindran v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Mario Ernesto Navas v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Lek Berishaj v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2004
- Sahar Ouda v. Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 2003
- Laeila Nelson, Stephanie Nelson, Phil Nelson v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 2000
- Sanchez Jimenez v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2007
57 more not listed; retrieve them via the Exa API.