Barraza-Rivera v. Immigration and Naturalization Service

The Immigration and Naturalization Service (plaintiff) began deportation proceedings against Jose Antonio Barraza-Rivera (defendant). At the deportation proceedings, Barraza testified that in December 1983, he entered military service in El Salvador after being forcibly recruited by the Salvadoran military. Barraza testified that in January 1984, Barraza applied for a passport, not mentioning his service in his application. Barraza testified that while waiting for his passport, he was informed by his lieutenant that he would help assassinate two men. Barraza testified that before this assassination, he picked up his passport and fled to the United States. Barraza testified that, if he returned to El Salvador, he would face persecution from the military for his refusal to participate in the assassination and from the guerillas for his involvement in the military. Barraza testified that he feared that the military would assume he is a guerilla informant and that two of his family members were killed by the military for their suspected ties to guerillas. Barraza also testified that his friend was killed by guerillas for serving in the military. The immigration judge (IJ) denied Barraza’s application for political asylum and withholding of deportation, and Barraza appealed to the Board of Immigration Appeals (BIA). The BIA affirmed the IJ’s decision, finding that Barraza had failed to establish a well-founded fear of persecution. The BIA rejected that Barraza established a well-founded fear of persecution based on his objection to military service. Barraza appealed to the Ninth Circuit, arguing that he qualifies for relief under the Immigration and Nationality Act because he faces persecution for abandoning his military service to avoid participating in an inhuman act.