finding prima facie case of eligibility for both asylum and withholding of deportation notwithstanding petitioner's return to El Salvador to get her child and an ensuing six-month stay to raise enough money to return to the United States
How later courts described this case
- finding prima facie case of eligibility for both asylum and withholding of deportation notwithstanding petitioner's return to El Salvador to get her child and an ensuing six-month stay to raise enough money to return to the United States
- finding a well-founded fear of future persecution where six of the petitioner’s family members were killed by “the Salvadoran guerrillas in retaliation against her family’s association with the government-supported rural militia”
- stating that motion to reopen filed while an appeal is pending before the BIA is treated as a motion to remand to the IJ for further proceedings
- holding that acts of violence against petitioner's immediate family members relevant to determining whether petitioner's fear was well founded
Written by the judges who cited it.
The opinion
J. BLAINE ANDERSON, Circuit Judge,
concurring:
I withdraw my partial dissent to the majority opinion. I concur in the result now reached in Judge Reinhardt’s revised opinion. Roque-Carranza v. INS, 778 F.2d 1373 (9th Cir.1985).