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00-3962 Pop v. INS

By: dmc-admin//February 4, 2002//

00-3962 Pop v. INS

By: dmc-admin//February 4, 2002//

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“Pop contends that ‘the IJ may have decided differently if Pop’ had presented Mariana’s status, because, Pop alleges, his claim and Mariana’s claim are based on the same facts and on the same basis of persecution. We disagree. Pop and Mariana relied on materially different facts and bases to support their respective claims of asylum. Pop seeks asylum as a political refugee based on six years of political persecution. Mariana’s affidavit, however, outlines over fifteen years of religious and social persecution, with only vague allusions to any political persecution. Therefore, the bases are materially different because Mariana’s claim was based mostly on religious and social persecution whereas Pop’s claim was based on political persecution. Moreover, Mariana stayed in Romania after Pop left her, and thus, their claims are materially different be cause Mariana was persecuted for much longer than Pop and for approximately eighteen months after Pop left Romania… Any discrepancy in the treatment of their claims is well justified on those grounds, and the BIA did not abuse its discretion in concluding that the omission of Mariana’s status did not prejudice Pop.”

Affirmed.

On Petition for Review From the Board of Immigration Appeals, Kanne, J.

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