Kithcart no relief. Judge Alitos supporters have pointed to Fatin v. INS as an example of a case in which Judge Alito sided with powerless immigrants and did not defer to the Government. This is another bad example because he ultimately ruled against the immigrant. Parastoo Fatin. and she was deported. Ms. Fatin was an Iranian woman whose family had opposed the Ayatollah Khomeini and who had come to the United States as a student. She was fighting deportation and requested asylum. arguing that she would be subjected to harsh treatment as a former opponent of Iranian regime. as someone who did not practice a strict form of Islam. and as a womanwho would have to wear a veil and live under great restrictions in Iran. As his supporters have noted. Judge Alito ruled in the case that genderbased persecution could be a basis for asylum. But Judge Alito went on to rule against Ms. Fatin anyway. So he denied her petition for review and sent her on to be deported. Judge Alito and Republican Senators seeking to bolster Judge Alitos record cited Leveto v. Lapina as an example of a case in which he protected the rights of individuals against government intrusion.
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