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attorneyprecedentmotionwillasylumdeportation
attorneymotionasylumdeportation

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Velarde v. Immigration and Naturalization Service

Facts

Soledad Cristina Velarde, a native and citizen of Peru, was ordered to show cause why she should not be deported for entering the United States without inspection. She conceded deportability but applied for relief from deportation based on her fear of persecution for her political opinion due to threats from the terrorist group Sendero Luminoso. The immigration judge denied her application, citing a lack of corroborating evidence, and the BIA affirmed this decision.

Soledad Cristina Velarde, a native and citizen of Peru, was ordered to show cause why she should not be deported for entering the United States without inspection.

Issue

Did the BIA abuse its discretion in denying Velarde's application for asylum or withholding of deportation?

Did the BIA abuse its discretion in denying Velarde's application for asylum or withholding of deportation?

Rule

The Attorney General must withhold deportation if an alien's life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group, or political opinion. To obtain withholding of deportation, the applicant must demonstrate a 'clear probability of persecution' by the government or a group that the government cannot or will not control.

The Attorney General must withhold deportation if an alien's 'life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group, or political opinion.'

Analysis

The court found that the BIA failed to provide a reasoned explanation for its denial of Velarde's claims, despite the immigration judge's finding that she was a credible witness. The BIA's reliance on a single precedent did not adequately address the specific circumstances of Velarde's case, particularly her high-profile role as a bodyguard for the President's daughters and the threats she faced from Sendero Luminoso.

The court found that the BIA failed to provide a reasoned explanation for its denial of Velarde's claims, despite the immigration judge's finding that she was a credible witness.

Conclusion

The court granted Velarde's motion for review and remanded the case, holding that the BIA had abused its discretion by failing to articulate its reasons for denying her relief from deportation.

The court granted Velarde's motion for review and remanded the case, holding that the BIA had abused its discretion by failing to articulate its reasons for denying her relief from deportation.

Who won?

Soledad Cristina Velarde prevailed in the case because the court found that the BIA had abused its discretion in denying her application for asylum or withholding of deportation.

Soledad Cristina Velarde prevailed in the case because the court found that the BIA had abused its discretion in denying her application for asylum or withholding of deportation.

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