Rene Blanco-Lopez v. Immigration & Naturalization Service

Rene Blanco-Lopez petitions for review of the Board of Immigration Appeal’s (“BIA”) decision denying his application for asylum and withholding of deportation. We have jurisdiction pursuant to section 106(a) of the Immigration and Nationality Act (“Act”), 8 U.S.C. § 1105a(a). See Foti v. INS, 375 U.S. 217 , 84 S.Ct. 306 , 11 L.Ed.2d 281 (1963). We reverse.

FACTS

Petitioner, a 36-year old male, is a native and citizen of El Salvador. On September 16, 1983, the Immigration and Naturalization Service (“INS”) issued an order to show cause against the petitioner, charging that he entered the United States on September 15, 1983 without inspection, in violation of section 241(a)(2) of the Act, 8 U.S.C. § 1251 (a)(2).

At his hearing on February 23, 1984, petitioner conceded deportability but requested asylum and withholding of deportation. His application for relief and his testimony indicated the basis upon which he sought such relief. Blanco-Lopez had experience in the Salvadoran army and police forces. During his employment with the Treasury Police he criticized the brutality of the authorities in conversations with co-workers and friends. Petitioner testified that it was quite…