Skip to main content
· 7/1/1992

R-O

Citations

  • 20 I. & N. Dec. 455

Syllabus

R-O-, 20 I&N Dec. 455 (BIA 1992) ID 3170 (PDF) (1) A guerrilla organization'sattempt to coerce a person into performing military service does not,without more, constitute persecution on account of political opinion.INS v. Elias Zacarias, U.S. 502, 112 S. Ct. 812 (1992), followed. (2) A victim of forcedrecruitment must show that he is being persecuted on account of his politicalopinion, and that his persecution is not solely the result of the guerrillas'aim in seeking to fill their ranks in order to carry out their war withthe government and pursue their political goal, their political motivebeing irrelevant. INS v. Zacarias, supra, followed. (3) The respondent hasnot established a well-founded fear of persecution by the Government ofEl Salvador on account of political opinion due to his involvement withthe guerrillas, where the Government does have the legitimate right toinvestigate the respondent regarding his suspected activities on behalfof the guerrillas and to criminally prosecute and punish him under itslaws for any activities found to be illegal, and there is no evidencethat the respondent has received any threats from the Government on thegrounds of political opinion, or otherwise. Blanco-Lopez v. INS, 858 F.2d531 (9th Cir. 1988), distinguished.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.