MALDONADO-CRUZ

Citations

• 19 I. & N. Dec. 509

Syllabus

MALDONADO-CRUZ, 19 I&N Dec. 509 (BIA 1988) ID 3041 (PDF) (1) A threat to harm or kill a deserter from a guerrilla organization operating in a country does not constitute persecution under the Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 102.(2) In analyzing a claim of persecution made in the context of a civil war, it is necessary to examine the motivation of the group threatening harm. (3) The threat to harm a deserter from the guerrilla organization is part of a military policy of that group, inherent in the nature of the organization, and a tool of discipline thus, the threat is neitheran act of persecution nor evidence of persecution by the guerrilla organization on account of political opinion, or any other ground set forth in the Refugee Act of 1980. (4) The holding of Bolanos-Hernandez v. INS, 767 F.2d 1277 (9th Cir. 1984), is not applied outside of the Ninth Circuit. (5) It is not persecution for the government of a country to investigate and detain individuals suspected of aiding or being a member of a guerrilla organization.