Juan A. Maldonado-Cruz, A/K/A Hugo Deras-Espinoza v. U.S. Department of Immigration and Naturalization

883 F.2d 788 Juan A. MALDONADO-CRUZ, a/k/a Hugo Deras-Espinoza, Petitioner, v. U.S. DEPARTMENT OF IMMIGRATION AND NATURALIZATION, Respondent. No. 88-7036. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1989. Decided Aug. 24, 1989. Steven M. Rosenthal, Wilmer, Cutler & Pickering, Washington, D.C., for petitioner. Marshall Golding, Washington, D.C., for respondent. Petition to Review a Decision of the Immigration and Naturalization Service. Before WALLACE, TANG and SCHROEDER, Circuit Judges. TANG, Circuit Judge: 1 Juan A. Maldonado-Cruz ("Maldonado") petitions for review a decision of the Board of Immigration Appeals ("BIA") affirming the denial of political asylum and withholding of deportation. Because the decision of the BIA was incorrect as a matter of law, we reverse. I. Factual Background 2 Maldonado had been employed as an agricultural worker near his hometown of La Reyna which is located in northern El Salvador. One day in the fall of 1983, while Maldonado was working in the fields, a guerrilla group consisting of approximately twenty-five men apprehended Maldonado and forced him to go to the guerrilla camp. At the camp, Maldonado was…

Juan A. Maldonado-Cruz (“Maldonado”) petitions for review a decision of the Board of Immigration Appeals (“BIA”) affirming the denial of political asylum and withholding of deportation. Because the decision of the BIA was incorrect as a matter of law, we reverse.

I. Factual Background

Maldonado had been employed as an agricultural worker near his hometown of La Reyna which is located in northern El Salvador. One day in the fall of 1983, while Maldonado was working in the fields, a guerrilla group consisting of approximately twenty-five men apprehended Maldonado and forced him to go to the guerrilla camp. At the camp, Maldonado was subjected to two days of political indoctrination. The guerrillas then forced Maldonado to accompany them to La Reyna on a raid for food and supplies. Maldonado was forced to stand guard over stolen supplies. 1

On the following evening, Maldonado escaped from the guerrilla camp, reaching his home at about 3:00 a.m. He stayed at home for only three hours. Fearing pursuit by the guerrillas, he went to the capital, San Salvador, where he met some neighbors who told him that the guerrillas had been looking for him. Maldonado immediately decided to leave…

concurring and dissenting:

I concur in the opinion of the majority except that portion of part IV where the majority makes factual determinations regarding Maldonado’s credibility — determinations inconsistent with the record, law, and logic. According to the majority, because the Board of Immigration Appeals (Board) based its decision on legal issues and thus did not consider Maldonado’s credibility, we must presume his story credible. Maj. op. at 792. From this portion of the majority opinion, I dissent.

We have already assigned credibility determinations to the fact finder—and well we should. Medsker v. Bonebrake, 108 U.S. 66, 72-73 , 2 S.Ct. 351 , 354, 27 L.Ed. 654 (1883) (Medsker); Canjura-Flores v. INS, 784 F.2d 885, 888 (9th Cir.1985) (Can jura-Flores). We cannot determine from the record if an individual is telling the truth. A believable story in print may be unbelievable when witnessed in person. Medsker, 108 U.S. at 72 , 2 S.Ct. at 354 (“The master, who was present and heard Mrs. Medsker testify, and could see her manner ... is therefore better able to determine the weight due to her testimo-ny_”); Canjura-Flores, 784 F.2d at 888 (“The Immigration Judge is in the best…