Dilcia Reyes De Valle v. Immigration & Naturalization Service

De Valle petitions for review of the denial by the Board of Immigration Appeals (BIA) of her applications for asylum and withholding of deportation. The BIA had jurisdiction pursuant to 8 C.F.R. §§ 3.1 (b)(2) and 242.21 (1989). We have jurisdiction over this timely petition pursuant to 8 U.S.C. § 1105a(a). We deny the petition.

I

De Valle is a citizen of El Salvador who entered the United States without inspection in March of 1984. Deportation proceedings were initiated against her on July 2, 1985. She conceded her deportability, but applied for asylum and withholding of deportation. The immigration judge (IJ) denied her application for relief. De Valle appealed to the BIA, which upheld the decision of the IJ.

De Valle’s husband was a sergeant in the Salvadoran Army from 1975 to 1981. Mr. De Valle testified that in 1981, as a member of the Army, he was forced to participate in civilian massacres, though he stated that he himself did not shoot at any civilians. He also testified that in 1981 he was shot by assailants while in uniform, but off-duty. Mr. De Valle testified that he was ordered back to duty shortly after this shooting, but refused to go because he did not want to…