Miguel-Miguel

BACKGROUND

Miguel was born in Guatemala and belongs to the indige- nous Cakchiquel group. During the chaos of the country’s civil war, Miguel’s family was harassed by a guerilla group that believed that Miguel and his family supported the gov- ernment. The guerillas initially demanded just money, but later threatened to kill Miguel if he did not join them. The guerillas took Miguel to the mountains, where they held him captive and forced him to serve as a lookout. During this time, Miguel witnessed the guerillas kill several people, and in one instance was forced to participate. Miguel says that he was afraid that if he did not assist the guerillas, they would kill him. After six months in captivity, Miguel was able to escape across the border into Mexico. He made his way to the United States, where he eventually applied for and was granted asy- lum in 1988.

In 1998, Miguel was charged in a California court for sell- ing or transporting cocaine under California Health and Safety Code § 11352.1 The facts of the offense are undisputed. While 1 Section 11352 provides in relevant part: [E]very person who . . . sells . . . or offers to . . . sell [cocaine], unless upon the written…