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appealwillasylumdeportation
appealwillasylumdeportation

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Salazar-Paucar v. Immigration and Naturalization Service

Facts

Petitioner is a native and citizen of Peru who entered the United States without inspection in October 1992. He sought asylum and withholding of deportation for alleged persecution by the Shining Path guerrillas in Peru. As a barrio president, he received threats from the Shining Path, and his family suffered violence when they could not find him. After fleeing to Lima, he continued to receive threats, including a death threat painted on his house. The BIA concluded that he did not establish past persecution or a well-founded fear of persecution.

Petitioner is a native and citizen of Peru who entered the United States without inspection in October 1992. He sought asylum and withholding of deportation for alleged persecution by the Shining Path guerrillas in Peru. As a barrio president, he received threats from the Shining Path, and his family suffered violence when they could not find him. After fleeing to Lima, he continued to receive threats, including a death threat painted on his house. The BIA concluded that he did not establish past persecution or a well-founded fear of persecution.

Issue

Did the Board of Immigration Appeals err in concluding that the petitioner did not suffer past persecution and that he no longer had a well-founded fear of persecution?

Did the Board of Immigration Appeals err in concluding that the petitioner did not suffer past persecution and that he no longer had a well-founded fear of persecution?

Rule

An alien is eligible for asylum if he establishes that he is a 'refugee,' which is an alien who is unable or unwilling to return to his home country because of a 'well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.'

An alien is eligible for asylum if he establishes that he is a 'refugee,' which is an alien who is unable or unwilling to return to his home country because of a 'well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.'

Analysis

The court held that the evidence compels a finding of past persecution, as the petitioner received multiple death threats and his family was harmed by the Shining Path. The court found that the BIA failed to rebut the presumption of future persecution because it did not provide evidence of changed country conditions or how the passage of time reduced the risk of persecution for the petitioner.

The court held that the evidence compels a finding of past persecution, as the petitioner received multiple death threats and his family was harmed by the Shining Path. The court found that the BIA failed to rebut the presumption of future persecution because it did not provide evidence of changed country conditions or how the passage of time reduced the risk of persecution for the petitioner.

Conclusion

The petition for review was granted, and the Board of Immigration Appeals' decision was reversed and remanded. The application for withholding of deportation was granted.

The petition for review was granted, and the Board of Immigration Appeals' decision was reversed and remanded. The application for withholding of deportation was granted.

Who won?

Petitioner prevailed in the case because the court found that he had established past persecution and that the BIA failed to rebut the presumption of future persecution.

Petitioner prevailed in the case because the court found that he had established past persecution and that the BIA failed to rebut the presumption of future persecution.

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