RODRIGUEZ-MAJANO

Citations

• 19 I. & N. Dec. 811

Syllabus

RODRIGUEZ-MAJANO, 19 I&N Dec. 811 (BIA 1988) ID 3088 (PDF) (1) An alien who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion is barred from the relief of withholding of deportation pursuant to the provisions of section 243(h)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h)(2)(A) (1982), and from asylum pursuant to the provisions of section 101(a)(42)(B) of the Act, 8 U.S.C. § 1101(a)(42)(B) (1982). (2) The participation or assistance of an alien in persecution need not be of his own volition to bar him from the relief of withholding of deportation and asylum. (3) While membership in an organization, even one which engages in persecution, is not sufficient to bar one from the relief of withholding of deportation and asylum, if an alien's action or inaction furthers persecution in some way, he would be ineligible for relief. (4) Activity related to a civil war or harm which may result from behavior directed toward the overthrow of a government or, alternatively, the defense of that government against an opponent, is not persecution unless it can be established that there is some degree of intent on the part of the persecutor to produce the harm that the applicant fears in order that the persecutor may overcome a belief or characteristic of the applicant. (5) Regardless of whether the respondent aided the guerrillas voluntarily or not, the only harm or injury he may have inflicted arose as the natural consequence of civil strife and the harm resulting from such generalized civil strife is not persecution.