Jose Antonio Barraza Rivera v. Immigration and Naturalization Service

Jose Antonio Barraza Rivera (“Barraza”) petitions for review of a decision of the Board of Immigration Appeals (“BIA” or “the Board”). The BIA dismissed Barra-za’s appeal and upheld the immigration judge’s denial of Barraza’s requests for political asylum and withholding of deportation under the Immigration and Nationality Act. 8 U.S.C. §§ 1158 and 1253(h). The Board also upheld the immigration judge’s denial of Barraza’s motions for remand of his case to the Bureau of Human Rights and Humanitarian Affairs (“BHRHA”) and for discovery of the basis of the BHRHA advisory opinion. We have jurisdiction over Barraza’s petition under 8 U.S.C. § 1105a. We grant the petition, reverse the BIA order, and remand for further proceedings.

BACKGROUND

In December 1983, Barraza was forcibly recruited into military service in El Salvador, his home country. He entered training in January 1984 at a military headquarters in the city of La Union, and was trained in weaponry and self-defense for about 20 days. On or about January 13, 1984, Barraza took one or two hours off from training and went into town to apply for a passport. He applied for the passport on the advice of his mother, who was…