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Matter of Rodriguez-Majano

Board of Immigration Appeals
19 I & N Dec. 811 (1988)


Facts

Rodriguez-Majano (defendant) was born in El Salvador and worked for his father as a truck driver. In 1983, guerrilla fighters in an opposition group forced him to carry supplies for them in his truck.  Later in the year, the guerrillas forced Rodriguez-Majano to drive supplies to the site of a battle in San Miguel between government forces and the opposition. He helped carry opposition fighters away from the city. He was threatened by the police after he admitted his involvement. He was later kidnapped and forced to join the guerrillas' ranks and was given military training. He covered the guerrillas while they burned cars and went with them on propaganda trips but did not personally harm anyone. After two months he fled the group and left for the United States where he was eventually picked up for deportation proceedings. The immigration judge ruled that he had engaged in the persecution of others and was therefore ineligible for asylum and withholding of deportation. Rodriguez-Majano appealed to the Board of Immigration Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Milhollan, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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