Jairo Jonathan Elias Zacarias v. U.S. Immigration and Naturalization Service

Elias Zacarías petitions for review of the denial of his application for political asylum and withholding of deportation. We grant his petition for review in respect to his claim to eligibility for asylum.

PRIOR PROCEEDINGS

Elias fled Guatemala in March of 1987. When he entered the United States in July of 1987, the respondent Immigration and Naturalization Service (“INS” or “Service”) apprehended him. He conceded deportability and applied for asylum and withholding of deportation. After a hearing on December 14, 1987 (the “December hearing”) before an Immigration Judge (“IJ”), his application was denied. He appealed to the Board of Immigration Appeals (“BIA” or “Board”). The Board summarily dismissed his appeal on procedural grounds. He then moved for reconsideration. The Board denied the motion. He then moved for reopening of his asylum and withholding of deportation claims in light of new evidence; the Board denied that motion also, but excused the prior procedural lapse and gave the merits of his appeal plenary consideration. He now petitions this court for review of all three of the Board’s adverse rulings. Because the Board cured whatever mistake it might have made in…