Jose Antonio Barraza Rivera v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that punishment for “refusing to comply with orders . . . because they violate standards of human decency” can itself amount to persecution
• holding that although petitioner did not verbally communicate his opposition to the military’s order, petitioner still established eligibility for asylum because he abandoned military service and fled the country to avoid participating in an inhuman act
• noting that the Office of the United Nations Commissioner for Refugees’ Handbook on Procedures and Criteria for Determining Refugee Status ¶¶ 170, 171 (1979
• finding a petitioner eligible for political asylum “based on his objection to participating in . . . murders under orders from a Salvadoran military officer”
• finding no prejudice when the agency failed to discuss facts that were already presented
• mandatory military service and the possibility of punishment for desertion do not by themselves constitute persecution

Source: CourtListener parenthetical corpus (CC0).