[DOWNLOAD] "Gomez v. Immigration and Naturalization Service" by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Gomez v. Immigration and Naturalization Service
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 28, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Carmen Gomez, a thirty-year-old native of El Salvador, petitions for review of an order of deportation and denial of applications for asylum and withholding of deportation by the Immigration and Naturalization Service ("INS"). While Gomez does not contest her deportability, she claims that the Board of Immigration Appeals ("BIA") erred by concluding that she had failed to meet the statutory qualifications necessary for withholding of deportation and political asylum. Specifically, Gomez contends that because she was previously raped and beaten in El Salvador, she has established that she has at least a well-founded fear of persecution if she is returned to that country. Accordingly, she claims that she is, at the very least, a candidate for political asylum. In opposition, the INS argues that regardless of Gomez tragic encounters in El Salvador, she has failed to prove that she is a refugee, i.e., that her fear of future persecution is based on her race, religion, nationality, political opinion or membership in a particular social group, and thus she has failed to qualify for political asylum or withholding of deportation. Consequently, the INS claims that the BIA correctly concluded that, as a matter of law, Gomez was not entitled to asylum or withholding of deportation.