Opinion

Imad Selim Nasser v. Immigration and Naturalization Service

  • 744 F.2d 542
  • 1984 U.S. App. LEXIS 18034
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 2, 1984
Status
Published
Author
Edwards
On the bench
Edwards, Martin, Walinski
Cited by
9 cases

self-serving declarations of persecution are insufficient

How later courts described this case

  • self-serving declarations of persecution are insufficient

Written by the judges who cited it.

The opinion

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge,

dissenting.

I cannot join in sending appellant Nasser back to Iraq on the present record, which totally fails to resolve Nasser’s claims of past and prospective religious and political persecution of him and his family. Nasser claims that his father, a Christian, had been beaten by a Baath mob and died as a result of the beating. Nasser also claims that he had been beaten by Baath agents in 1980 because he refused to join their party. Although I recognize that his testimony may be “self-serving” (as is any effort to save one’s life), I cannot on this record ignore or discount it as the INS has done. I would remand for taking of further evidence bearing on the acts of persecution to which Nasser has testified under oath.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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