CHICAGO (CN) – A native of Afghanistan cannot be deported, because there is nowhere in the country he would be safe from Taliban rebels, the 7th Circuit ruled.
Ezatulla Oryakhil was arrested as soon as he landed at O’Hare Airport after presenting customs officials with an expired visa.
Oryakhil said he came to the United States because he felt he was no longer safe in Kabul. His parents were awakened in the middle of the night by rifle-toting insurgents who were looking for him. Until that point, Oryakhil said he thought Kabul was the safest city in the country.
The Taliban was allegedly targeting Oryakhil because he served in the army and intelligence unit of the Afghan government, which the Taliban overthrew in 1996. The United States helped the Afghans return to power in 2001.
The immigration judge ruled that Oryakhil failed to establish that he could not be safe in another part of the country. Judge Kanne disagreed.
“Substantial evidence simply does not demonstrate that it is possible or reasonable to relocate within Afghanistan,” Kanne ruled.