Albillo-De Leon v. Gonzales

I. Factual and Procedural Background

Albillo-DeLeon, a native and citizen of Guatemala, entered the United States without inspection on February 29, 1988. He has lived continuously in the United States for the last sev- enteen years. On May 3, 1988, shortly after arriving in the United States, Albillo-DeLeon applied for asylum. On April 3, 1989, the Immigration and Naturalization Service (“INS”)1 issued Albillo-DeLeon an Order to Show Cause, charging that he was deportable because he entered the United States with- out inspection. Albillo-DeLeon appeared at a deportation hearing and conceded deportability.

At the deportation hearing, Albillo-DeLeon sought asylum, withholding of deportation, and voluntary departure. On 1 The INS ceased to exist on March 1, 2003, when its functions were transferred to the Department of Homeland Security. See Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135. However, we refer to the agency as the INS here because the proceedings in this case were instigated before the transfer. ALBILLO-DELEON v. GONZALES 6605 November 17, 1989, the IJ denied Albillo-DeLeon’s applica- tion for asylum and withholding of…