M.A. v. U.S. I.N.S.

No. 88-3004.

899 F.2d 304 (1990)

M.A. A26851062, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent, Central American Refugee Center; Lawyers Committee for Human Rights and Americas Watch; American Immigration Lawyers Association; Asylum Appeals Program of the San Francisco Lawyers Committee for Urban Affairs; National Immigration Project of the National Lawyers Guild, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 27, 1990.

Rehearing Denied April 23, 1990.


Attorney(s) appearing for the Case

William Van Wyke, Washington, D.C. (argued) for petitioner.

Mark Christopher Walters, Office of Immigration Litigation, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (argued) and John R. Bolton, Asst. Atty. Gen., Lauri Steven Filppu, Deputy Director, Joan E. Smiley, Asst. Director, Parker Singh, Office of Immigration Litigation, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (on brief), for respondent.

Monica C. Yriart, Cent. American Refugee Center, Steven G. Reade, Hadrian R. Katz, Andrew W. Shoyer, Darina C. McKelvie, Gwyn Firth Murray, Arnold & Porter, Washington, D.C. (on brief), for amicus curiae, Cent. American Refugee Center.

Arthur C. Helton, Laura B. Sherman, New York City (on brief), for amicus curiae, Lawyers Committee for Human Rights Americas Watch.

Lory D. Rosenberg, Cambridge, Mass., Lawrence Rudnick, Steel, Rubin & Rudnick, Philadelphia, Pa., for amicus curiae, American Immigration Lawyers Ass'n.

Kate T. McGrath, San Francisco, Cal. (on brief), for amicus curiae, Asylum Appeals Program of the San Francisco Lawyers Committee for Urban Affairs.

Carolyn P. Blum, University of California Law School, Berkeley, Cal. (on brief), for amicus curiae, Nat. Immigration Project of the Nat. Lawyers Guild, Inc.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, and WINTER, Senior Circuit Judge, sitting en banc.


Rehearing In Banc Denied April 23, 1990.

WILKINSON, Circuit Judge:

In this case we consider the scope of the Board of Immigration Appeals' authority to deny an alien's request for asylum in the context of a motion to reopen deportation proceedings. On the eve of deportation, petitioner asked that his deportation proceedings be reopened so that he could request asylum under the Refugee Act of 1980, Pub.L. 96-212, 94 Stat. 102 (1980), based on his fear of persecution...

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