# Hamid R. Kashani v. Alan Nelson, Immigration and Naturalization Service

> Court of Appeals for the Seventh Circuit · June 12, 1986 · 793 F.2d 818

URL: https://www.frixlaw.com/law-library/cases/9475006

## Case

- **Full name:** Hamid R. KASHANI, Plaintiff-Appellant, v. Alan NELSON, Immigration and Naturalization Service, Defendant-Appellee
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** June 12, 1986
- **Citations:** 793 F.2d 818; 1986 U.S. App. LEXIS 26183
- **Precedential status:** Published
- **Opinion:** Concurrence by Ripple
- **Judges:** Ripple, Coffey, Flaum
- **Cited by:** 29 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/9475006

## How later opinions describe it (automated extraction)

- holding that aliens may not seek district court review of district directors' denial of asylum petitions but instead must exhaust administrative remedies by renewing asylum petition in ensuing deportation hearings
- acknowledging congressional intent to expedite and consolidate review

## Opinion text

RIPPLE, Circuit Judge,
concurring.
This case presents a very difficult issue of statutory interpretation. The court’s opinion is a thorough and balanced examination of the question which correctly represents, on the basis of all available evidence, the intent of Congress. I write separately only because I have substantial reservations about the court’s alternate treatment of the issue under the political question doctrine, a discussion which is unnecessary to the court’s basic statutory analysis.
In my view, this litigation does not present an appropriate opportunity to declare definitively that the matter of asylum is “committed to the political branches of government.” The full implications of such a statement are difficult to ascertain on this record. It is sufficient to say that the matter of political asylum, closely tied to the conduct of this country’s foreign relations, is an area where the political branches have traditionally exercised great discretion and where we would expect Congress to be quite explicit if it intended that the judiciary play a role.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9475006. Public record. Not legal advice.
