SOLEIMANI

Citations

• 20 I. & N. Dec. 99

Syllabus

SOLEIMANI, 20 I&N Dec. 99 (BIA 1989) ID 3118 (PDF) (1) A finding that analien was firmly resettled in another country does not render him ineligiblefor a grant of asylum under section 208 of the Immigration and NationalityAct, 8 U.S.C. § 1158 (1982), by an immigration judge or the Boardof Immigration Appeals. Rosenberg v. Yee Chien Woo, 402 U.S. 49 (1971),distinguished. Matter of Portales, 18 I&N Dec. 239 (BIA 1982) andMatter of Lam, 18 I&N Dec. 15 (BIA 1981), modified. (2) The Board and immigrationjudges are not bound by the provisions of 8 C.F.R. §208.8(f)(1)(ii)(1988), which precludes district directors of the Immigration and NaturalizationService from granting asylum under section 208 of the Act to aliens whoare firmly resettled in a third country. (3) An alien's firm resettlementin another country is a factor to be evaluated in determining whetherasylum should be granted as a matter of discretion under the standardsset forth in Matter of Pula, 19 I&N Dec. 467 (BIA 1987). (4) A finding that analien has been firmly resettled in a third country would normally precludea grant of asylum as a matter of discretion, unless the alien can demonstratecountervailing equities in his favor that are compelling in nature. (5) Whether or not anoutstanding offer of permanent residence or citizenship to all Jews whoarrive in Israel constitutes a specific offer of permanent resettlementto the respondent, the pertinent regulations and the Board's prior decisionscannot be read so restrictively that the respondent's circumstances inIsrael become irrelevant. (6) An alien will notbe found to be firmly resettled elsewhere if it is shown that his physicalpresence in the United States is a consequence of his flight in searchof refuge, and that his physical presence is reasonably proximate to theflight and not one following a flight remote in point of time or interruptedby an intervening residence in a third country reasonably constitutinga termination of the original flight in search of r