Jose Oscar Artiga Turcios v. Immigration and Naturalization Service

Jose Oscar Artiga Turcios (Artiga), a native of El Salvador, petitions for review of his application for withholding of deportation under section 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253 (h)(1982), and his application for asylum under section 208(a) of the Refugee Act of 1980, 8 U.S.C. § 1158 (a) (1982). In the alternative, Artiga seeks review of his application for voluntary departure under section 244(e) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (e) (1982). BACKGROUND

Artiga is a 20-year-old native of El Salvador who entered this country by crossing the Mexican border without inspection on September 1, 1985. Deportation proceedings were initiated against him on that same date. Artiga admitted deportability and applied for withholding of deportation and asylum. He has remained in INS custody since his arrival in the United States.

In support of his application for withholding and asylum, Artiga filed a form 1-589 detailing his fear that anti-government guerrillas were looking for him because of his specialized combat training while in the Salvadoran Army. His application was supported by numerous documents describing the political situation…