DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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