Garcia-Ramos v. Immigration and Naturalization Service
United States Court of Appeals for the Ninth Circuit
775 F.2d 1370 (1985)
- Written by Mary Katherine Cunningham, JD
Facts
Jose Garcia-Ramos (Garcia) (defendant) filed an application for asylum. In a hearing before an immigration judge (IJ), Garcia testified he feared persecution by the government of El Salvador as a former member of a leftist political group, the Frente Popular de Liberacion (FPL). As a member of the FPL, Garcia distributed anti-government propaganda, stole food to distribute to the poor, and planted fake bombs to divert the attention of Salvadoran government. Garcia also testified that, although he was never arrested or charged for his activities, he did not conceal his identity while working as a member of the FPL. Garcia left El Salvador approximately four months after joining the FPL at the urging of his parents, who remained in El Salvador. After considering the evidence, the IJ found Garcia’s testimony was not credible and denied Garcia’s request for asylum or withholding of deportation. Garcia appealed to the Board of Immigration Appeals (BIA). The BIA affirmed the decision of the IJ, holding that Garcia failed to show a likelihood of persecution under the Immigration and Nationality Act (INA). Garcia appealed the BIA decision to the Ninth Circuit, arguing he met the burden of establishing a clear probability of persecution to avoid deportation under INA Section 243(h). Alternatively, Garcia argued he provided sufficient evidence of a well-founded fear of persecution, meaning the IJ and BIA should have granted his asylum claim under INA Section 208(a).
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
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