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Iranian converts to Christianity to be released from detention

Nov 18, 2003

The U.S. Justice Department's Board of Immigration Appeals (BIA) has ordered the asylum case of 48 year old Saeed Salman and his family reopened, setting the stage for his release from detention later this week after more than two months behind bars. The Becket Fund for Religious Liberty recently joined local attorney Mark Jacob Thomas in representing Salman and his family in their battle against deportation back to Iran. A deportation order had been issued, and there was a threat of immediate deportation prior to the BIA's ruling.

The Salmans came to the United States from their native Iran on B-2 (visitors) visas in 1999 and quickly applied for asylum on grounds of political persecution. Salman had refused to work on construction of a secret prison for the Iranian regime in 1993, and he and his family had been imprisoned and beaten. An immigration judge in Chicago denied the asylum application in July 2000, and an appeal was denied earlier this year. He was detained on September 9, 2003 and has been held since then at the Tri-County Detention Center in Ulin, Illinois.

The Salmans began attending a Christian church in Leo, Indiana in the Spring of 2000, and converted to Christianity. They were baptized as a family on June 28, 2003. Documents filed with the BIA cited official State Department documents stating that the Iranian government does not recognize a right of citizens to change their religion and that conversion by Muslims to Christianity ("apostasy") is punishable by death in Iran. The motion to reopen the case pointed out that the immigration judge who originally heard the case did not consider this aspect of the danger they face if deported to Iran, since they were still Muslims at the time.

The BIA concluded that "the information submitted by the respondents is new and relevant regarding their conversion and the issue of the Iranian government's current treatment of Christians in Iran. We further find that the respondents have demonstrated prima facie eligibility for the relief they seek in reopened proceedings." The Board granted the motion to reopen and remanded the case to the Immigration Court "for further proceedings consistent with this opinion."

The Becket Fund requested assistance in the case from key members of the U.S. House and Senate.

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