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032127P.pdf   07/07/2004  Yola Rife  v.  John Ashcroft
   U.S. Court of Appeals Case No:  03-2127
   Agency   
Petition for Review - Immigration. Petitioners, citizens of Azerbaijan, firmly resettled in Israel before coming to the U.S. and were not eligible for asylum; claim that they were refugees from Israel must be rejected as without merit, as the Israeli government allowed them to enter the country, issued them passports and took no adverse action against them when they openly exhibited their Christianity; slurs and harassment from private citizens did not constitute persecution; claim of a well-founded fear of future persecution based on legislation pending before the Knesset which would criminalize evangelical proselytizing must be rejected on the record; claim that removal to Azerbaijan should be withheld based on likelihood they would be persecuted for their religious beliefs or political actions rejected; the Illegal Immigration Reform And Immigrant Responsibility Act of 1996 removed the statutory bases for this court's decision in Safie v. INS, 25 F.3d 636 (8th Cir. 1994), with respect to the effect the timely filing of a petition for review has on a voluntary departure order; nothing in the Act precludes a court from staying the voluntary removal portion of the BIA's order; standards applying to the grant of a stay of removal under the Act also apply to the grant of a stay of voluntary departure; however, in order to be eligible for the relief, the petitioner must file a timely request for a stay of voluntary departure, and the cou