Gilma Esperanza Estrada-Posadas v. U.S. Immigration and Naturalization Service

Estrada-Posadas (Estrada) petitions for review of a decision by the Board of Immigration Appeals (Board). The Board dismissed Estrada’s appeal, affirming an immigration judge’s order of deportation and denial of voluntary departure. Estrada claims that she qualifies for refugee status due to a well-founded fear of persecution, and thus is entitled to relief from deportation. Alternatively, she asserts that she should have been allowed to depart voluntarily. We have jurisdiction over this timely petition pursuant to 8 U.S.C. § 1105a, and deny it.

I

Estrada is a 38-year-old native and citizen of Guatemala. She first illegally entered the United States in November 1985 with the help of an alien smuggler. Upon the illness and subsequent death of her husband from a heart attack, she returned to Guatemala in April 1986 and lived with her mother. Three months later, she again enlisted the services of a smuggler, and reentered the United States. She was apprehended by the Immigration and Naturalization Service (INS) near San Ysidro, California.

The INS instituted deportation proceedings against Estrada for entering the United States without inspection, pursuant to section 241(a)(2) of…