Teresa De Jesus Castillo-Villagra v. Immigration and Naturalization Service

This case turns on the breadth of the doctrine of administrative notice. We grant a petition for review of a decision of the Board of Immigration Appeals and reverse, because the Board improperly took notice of the effect of the change of government in Nicaragua on whether petitioners’ fear of persecution was well-founded.

Teresa de Jesus Castillo-Villagra and her two adult daughters unsuccessfully sought asylum. They claimed that they had a well-founded fear of persecution by the Sandinistas because of their anti-Sandinista political opinions. While their case was pending, Violeta Chamorro, a democrat, was elected president of Nicaragua, and her democratic coalition, UNO, defeated the Sandinistas in an election. The Board of Immigration Appeals took administrative notice of the election and determined that because the Sandinistas had lost, the threat to petitioners from the Sandinistas had disappeared.

Petitioners were given no notice or opportunity to be heard regarding whether notice should be taken or whether the political changes in Nicaragua obviated their fear of returning. They claim that the Sandinistas retain enough power so that they still need asylum.…