# Liane Rowena Estrella Reyes v. Immigration and Naturalization Service

> Court of Appeals for the Sixth Circuit · October 29, 1984 · 747 F.2d 1045

URL: https://www.frixlaw.com/law-library/cases/444161

## Case

- **Full name:** Liane Rowena Estrella REYES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** October 29, 1984
- **Citations:** 747 F.2d 1045
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Keith, Jones, Weick
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/444161

## Opinion text

ORDER
This matter is presently before the Court upon a motion for reconsideration of our earlier opinion in this matter which is reported at 693 F.2d 597 , wherein we held, relying on
I.N.S. v. Stevic,
678 F.2d 401 (2d Cir.1982), that the respondent erred in requiring the petitioner to demonstrate a clear probability that she would be persecuted if returned to her country in her petition for asylum or the withholding of deportation under § 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253 (h). The Supreme Court, however, recently reversed
Stevie, supra,
and held that an alien seeking asylum must demonstrate a clear probability of persecution.
I.N.S. v. Stevic,
— U.S. -, 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984).
Upon considering the petition for asylum in light of the standard now mandated we conclude that the petitioner has failed to demonstrate a clear probability that she will be persecuted if returned to her country. Accordingly, the motion for reconsideration is granted, our earlier opinion is vacated and the decision of the Immigration Appeals Board denying the petition for asylum or the withholding of deportation is hereby AFFIRMED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/444161. Public record. Not legal advice.