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tortattorneyappealwillasylum
tortattorneyappealwillasylum

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Lopez-Mejia v. Immigration and Naturalization Service

Facts

Petitioner based her claim of persecution on an incident, which occurred in 1990, when she witnessed the torture and murder by El Salvadoran soldiers of two of her cousins who had been 'involved' with the guerillas. After fleeing the scene of those killings, she was sought out by those soldiers at her home. While she was hiding, she heard soldiers tell her mother that they sought the petitioner because she was 'with the guerillas' and that when they found her, they would kill her. She testified, however, that the threats made against her by the soldiers may have been motivated by a desire to silence her because she had been a witness to the murder of her cousins. Petitioner was able to reside with her aunt for two and a half months apparently without any problem or contact with the police. She has admitted that her parents, brothers and sisters are currently residing in the same village where she lived before she left El Salvador. They have had no problems from the military.

Petitioner based her claim of persecution on an incident, which occurred in 1990, when she witnessed the torture and murder by El Salvadoran soldiers of two of her cousins who had been 'involved' with the guerillas. After fleeing the scene of those killings, she was sought out by those soldiers at her home. While she was hiding, she heard soldiers tell her mother that they sought the petitioner because she was 'with the guerillas' and that when they found her, they would kill her. She testified, however, that the threats made against her by the soldiers may have been motivated by a desire to silence her because she had been a witness to the murder of her cousins. Petitioner was able to reside with her aunt for two and a half months apparently without any problem or contact with the police. She has admitted that her parents, brothers and sisters are currently residing in the same village where she lived before she left El Salvador. They have had no problems from the military.

Issue

Whether the petitioner suffered from past persecution or had a well-founded fear of future persecution.

Whether the petitioner suffered from past persecution or had a well-founded fear of future persecution.

Rule

Section 208(a) of the Immigration and Nationality Act, 8 U.S.C. 1158(a) authorizes the Attorney General, in his discretion, to grant asylum to an alien who is a 'refugee' as defined in the Act, i.e., an alien who is unable or unwilling to return to his home country 'because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' The BIA's determination that the applicant was not eligible for asylum must be upheld if 'supported by reasonable, substantial, and probative evidence on the record considered as a whole.'

Section 208(a) of the Immigration and Nationality Act, 8 U.S.C. 1158(a) authorizes the Attorney General, in his discretion, to grant asylum to an alien who is a 'refugee' as defined in the Act, i.e., an alien who is unable or unwilling to return to his home country 'because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' The BIA's determination that the applicant was not eligible for asylum must be upheld if 'supported by reasonable, substantial, and probative evidence on the record considered as a whole.'

Analysis

The court applied the rule by examining the evidence presented by the petitioner and found that it did not support her claims of past persecution or a well-founded fear of future persecution. The court noted that the civil war in El Salvador, which had triggered many of the killings, had ended due to a peace accord, and that the petitioner had been able to live without problems in the same village as her family.

The court applied the rule by examining the evidence presented by the petitioner and found that it did not support her claims of past persecution or a well-founded fear of future persecution. The court noted that the civil war in El Salvador, which had triggered many of the killings, had ended due to a peace accord, and that the petitioner had been able to live without problems in the same village as her family.

Conclusion

The court concluded that the petition for asylum was denied. The evidence did not justify the petitioner's contention that she suffered from past persecution or had a well-founded fear of future persecution.

The court concluded that the petition for asylum was denied. The evidence did not justify the petitioner's contention that she suffered from past persecution or had a well-founded fear of future persecution.

Who won?

The Board of Immigration Appeals prevailed in the case, as the court upheld their decision based on substantial evidence that the petitioner did not meet the criteria for asylum.

The Board of Immigration Appeals prevailed in the case, as the court upheld their decision based on substantial evidence that the petitioner did not meet the criteria for asylum.

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