substantially predicated on their Chechen ethnicity and Christian applications religion. for asylum R. were at 199-215. referred to The an Immigration Judge, before whom they renewed their asylum claim. Inexplicably, only Boris was permitted to testify during the asylum hearing. R. at 265; 294-357. On January 25, 1999, Judge William Jankun 2 denied the family’s claim for asylum and granted them voluntary departure to Kazakhstan, valid until March 26, 1999. R. at 212-215. The Jourbinas appealed the decision to the BIA, which affirmed the Immigration Judge’s decision on July 23, 2002. R. at 71-75. Still fearing return to the newly created country of Kazakhstan, where they have no strong ties, the family remained in the United States. 2 The Honorable Judge Jankun is now retired. He has been ranked 5th in the nation for denial rates in asylum cases with a 94% denial rate according to Transactional Records Access Clearinghouse, Syracuse University (http://trac.syr.edu/immigration/reports/160/include/judge_ 0005_name-r.html). 14

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