Bayro v. Reno

The Bayros are natives and citizens of Peru who entered the United States as visitors for pleasure in September 1994, authorized to remain only until March 28, 1995. They stayed in the country beyond that time and, in August 1995, the Immigration and Naturalization Service initiated deportation proceedings against them. Shortly thereafter, the Bayros applied for asylum, withholding of deportation, or, alternatively, voluntary departure. At an initial hearing, Carlos Bayro conceded that the family was deportable, but refused to designate a country for deportation. At two subsequent hearings, he testified in support of their applications for asylum and withholding of deportation. He stated that, because he was an engineer in the mining industry and affiliated with a political party, he had been threatened many times by the Shining Path guerrillas who seek to overthrow the government of Peru. He also related an attempt to shoot him once while he was riding in a limousine owned by a wealthy businessman and the guerrillas' attempt to kidnap his daughter on another occasion. The immigration judge concluded that Bayro's testimony was 'disjointed' and inconsistent. Given the improving conditions in Peru, the judge found that Bayro did not have a reasonably objective fear of persecution if he were to be returned to Peru. The judge did grant the family's request for voluntary departure.