Miranda-Alvarado v. Gonzales

Roberto Miranda-Alvarado (plaintiff) was a citizen of Peru who joined the civil guard when he was 19 years old. Miranda-Alvarado’s job initially involved guarding government officials and protecting banks from assaults by guerilla groups that opposed the government, such as Sendero Luminoso, also known as Shining Path. Shining Path was a Maoist organization that carried out terrorist attacks on government leaders and on civilians alike. Because Miranda-Alvarado spoke Quechua, in addition to Spanish, his duties included serving as a community leader in a neighborhood that spoke Quechua and protecting the neighborhood from infiltration by Shining Path. Miranda-Alvarado’s service as a community leader put him at risk. For example, Shining Path shot a community leader and blew her body up with explosives. Eventually, Miranda-Alvarado was ordered to interpret for officers who carried out interrogations of people suspected of being members of Shining Path. During these interrogations, people were tortured with electric shocks and beaten. Miranda-Alvarado translated for these interrogations for seven years, around two to three times monthly. Miranda-Alvarado later went to the United States (defendant) and sought asylum, admitting that he had witnessed acts of torture but had not personally engaged in such acts. Miranda-Alvarado indicated that he could not prevent the torture, and he indicated that refusing to interpret would have negatively affected his performance review and his ability to be promoted. Miranda-Alvarado did try to resign once after six years, citing family reasons on his resignation form. However, Miranda-Alvarado testified that he attempted to resign because he did not like how the people being interrogated were being abused. Miranda-Alvarado stated that he fled to America because he and his family had been targeted by Shining Path. An immigration judge determined that Miranda-Alvarado was barred from asylum because of his participation in the persecution of others. The Board of Immigration Appeals affirmed. Miranda-Alvarado sought review.