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