Genaro Hermino Rodriguez-Rivera v. U.S. Department of Immigration and Naturalization

Rodriguez-Rivera petitions for review of a final order of the Board of Immigration Appeals (BIA) denying his request for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a. We affirm the BIA’s decision and deny the petition for review.

I

Rodriguez-Rivera is a twenty-eight year old citizen of El Salvador. In February 1982, he was issued a passport, left El Salvador, traveled through Guatemala and Mexico, and in March 1982 entered the United States without inspection. After his arrest, the Immigration and Naturalization Service (INS), in April 1982, instituted deportation proceedings against him. Rodriguez-Rivera, through his certified representative, conceded deportability. The immigration judge (IJ) adjourned the hearing in order to permit Rodriguez-Rivera to petition for withholding of deportation and asylum.

In his April 1983 application, Rodriguez-Rivera stated that he feared that he would “be killed summarily” solely because of his political beliefs and because he refused induction into military service. He also stated that he would be persecuted if he returned to El Salvador because he fled the country, because he applied for political…