Keirkhavash v. Holder, No. 14-2063 (7th Cir. 2015)
Annotate this CaseKeirkhavash did not depart when her tourist visa lapsed. Two days before the statutory deadline, she sought asylum, contending that Iran would persecute her because she had supported a group (MEK) seeking overthrow of Iran’s government. She claimed she had been expelled from college, denied employment, imprisoned, kicked and denied food while confined, leading her to flee Iran in 1999. The IJ credited this testimony but denied the application because the State Department had classified MEK as a terrorist organization, which made Keirkhavash ineligible under 8 U.S.C. 1158(b)(2)(A)(v). The Board of Immigration Appeals remanded, concluding that she remained eligible for relief under the Convention Against Torture. Before the new hearing, Keirkhavash changed her story, claiming that some unknown person had forged her signature and that she and her father had given testimony consistent with the written statement because her lawyer told them to lie. She now claims that her former husband had accused her of adultery, which could lead to her being stoned in Iran and that Iran would persecute her because of her statement that she had supported MEK, despite the statement’s withdrawal. No corroboration was offered for either ground. The BIA and Seventh Circuit upheld denial of her petitions, characterizing Keirkhavash and her father as confessed liars.
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