Manuel Diaz Arteaga v. Immigration and Naturalization Service

Petitioner Manuel Diaz Arteaga is a 24 year old native and citizen of El Salvador. At a deportation hearing in December 1984, Arteaga admitted that he had entered the United States without inspection in February 1984, in violation of 8 U.S.C. § 1251 (a)(2). He conceded deportability and applied for political asylum in the United States.

At his deportation hearing, Arteaga testified about several different incidents. The focal point of Arteaga’s claim of persecution is a visit a group of guerrillas paid to him at his house in August 1983. The guerrilla members, former friends of Ar-teaga, tried to get him to join them in the civil war against the government. When Arteaga refused, stating his intention to remain neutral, the guerrillas said to him: “Even if you don't come, we’ll get you.” Allegedly put in fear by this threat, Artea-ga left his mother and nine sisters and came to the United States.

The immigration judge issued an oral decision denying withholding of deportation and asylum, and granted Arteaga thirty days in which to depart voluntarily. According to the immigration judge, the guerrillas “did not attempt to take him [into] custody or force him into the guerrilla…