Argueta v. Immigration and Naturalization Service

759 F.2d 1395 (1985)

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Argueta v. Immigration and Naturalization Service

United States Court of Appeals for the Ninth Circuit
759 F.2d 1395 (1985)

Facts

Jose Doney Argueta (defendant) entered the United States in September 1986, and the Immigration and Naturalization Service (plaintiff) began deportation proceedings. Argueta conceded his deportability but filed for political asylum and withholding of deportability. Argueta testified during the proceedings that, in December 1979, he was threatened by four men who belonged to a ring-wing group, the Squadron of Death. Argueta testified that these men accused him of being in a guerilla organization, the FPL. Argueta testified that the men told him that if he did not leave the country, he would disappear and that the men subsequently kidnapped and killed his brother-in-law Jose Abel Figueroa. Argueta testified that he left El Salvador the day after he found Figueroa’s body. The immigration judge (IJ) denied Argueta’s application for asylum and withholding of deportation, finding that his testimony lacked credibility. Argueta appealed to the Board of Immigration Appeals (BIA), alleging he had met the burden of proof for asylum and withholding of deportation under the Immigration and Nationality Act (INA) and the IJ’s credibility determination violated his due-process rights. The BIA affirmed the IJ decision, holding that even if Argueta’s testimony was true, he had failed to meet the burden of proof for asylum or withholding of deportation. Argueta appealed to the Ninth Circuit, reasserting that he had met his burden of proof.

Rule of Law

Issue

Holding and Reasoning (Hug, J.)

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