Peter Gabriel John McMullen v. Immigration and Naturalization Service

I. Introduction

Peter Gabriel John McMullen, an alien, claimed that he should not be deported to the Republic of Ireland because he would be persecuted for his political beliefs if he returned there. The immigration judge agreed and granted McMullen’s application for withholding of deportation. Upon appeal by the Immigration and Naturalization Service (INS), the Board of Immigration Appeals (the Board) reversed the decision of the immigration judge, concluding that McMullen had not shown sufficient likelihood of persecution. We grant McMullen’s petition for review on the ground that the Board’s decision was not supported by substantial evidence.

II. Factual Background

The following facts are substantially undisputed: McMullen was born in Northern Ireland and reared in Great Britain. He is a Catholic of Irish descent, but he was not politically or emotionally involved with the Irish independence movement during his youth in Great Britain. He joined the British Army and eventually entered a paratrooper unit. McMullen was sent to Northern Ireland in 1969 as part of British peacekeeping efforts.

During the 1960’s, the Catholic minority in British-controlled Northern Ireland became…