Bolanos-Hernandez v. Immigration and Naturalization Service

The Immigration and Naturalization Service (INS) (plaintiff) began deportation proceedings against Espectacion Bolanos-Hernandez (defendant). Bolanos sought asylum and withholding of deportation on the basis of political persecution. At the proceedings, Bolanos testified he was previously in the Salvadoran army and a voluntary police force, Escolta Militia; Bolanos was also a member of a right-wing political group in El Salvador, Partido National de Reconciliation. Bolanos testified that because of his prior involvement in these organizations, he was targeted by guerilla groups seeking to infiltrate the Salvadoran government. When he refused, Bolanos testified that the guerillas threatened him, stating that they would kill him if he did not join their group or leave the country. Because the guerillas had already killed five of his friends and forcibly recruited his brother, Bolanos left El Salvador for the United States eight days after the threat. In the hearing, Bolanos indicated he wished to remain neutral and unaffiliated with either side of the political struggle in El Salvador. The immigration judge (IJ) found Bolanos did not show he would be persecuted for his political beliefs, and Bolanos appealed. the Board of Immigration Appeals (BIA) affirmed the IJ, finding Bolanos failed to show how he had a specific reason to fear political persecution that distinguished him from other Salvadorans. Bolanos appealed to the Ninth Circuit, arguing that the INS erred in denying his application because his life or freedom would be threatened on account of his political opinion. The INS countered that Bolanos’s decision to remain neutral was not a political choice and, therefore, any persecution Bolanos would suffer would not be the result of his political opinions.