Jacobo Ramos-Vasquez v. Immigration & Naturalization Service

Opinion by Judge T.G. NELSON; Concurrence by Judge TROTT.

OPINION

Jaeobo Ramos-Vasquez (“Ramos-Vasquez”), a native and citizen of Honduras, petitions for review of a decision of the Board of Immigration (“BIA” or “the Board”). The BIA denied Ramos-Vasquez’s request for withholding of deportation under 8 U.S.C. § 1253 (h) and for asylum under 8 U.S.C. § 1158 (a). Finding Ramos-Vasquez not credible, the BIA majority refused to consider whether his testimony regarding the Hon *860 duran army’s torture and summary execution of deserters established a well-founded fear of persecution. As the dissenting member of the Board observed, the BIA’s finding of adverse credibility was not substantiated by the record. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we grant the petition, vacate the BIA order, and remand.

FACTS AND PROCEDURAL HISTORY

Ramos-Vasquez, a native and citizen of Honduras, was born in 1954, and drafted into the Honduran army at the age of fourteen. Ramos-Vasquez claims that although most draftees are released after one year, he was not permitted to leave the army, in spite of his repeated requests for a discharge. He asserts that because he was a good…

concurring in the result:

I agree that we must remand this matter for further proceedings because of the peculiar manner in which the majority of the Board handled Ramos-Vasquez’s credibility, but I’m not at all certain that the guidance the majority offers the BIA in Part IV regarding the execution of military deserters is sound. Thus, I do not join in that section of the majority’s opinion.

57 F.3d 857 Jacobo RAMOS-VASQUEZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70837. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1995 * . Decided June 16, 1995. Joseph M. Bacho, San Diego, CA, for petitioner. Alison R. Drucker, Atty., Dept. of Justice, Civ. Div., Office of Immigration Litigation, Washington, DC, for respondent. Petition to Review a Decision of the Immigration and Naturalization Service. Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges. Opinion by Judge T.G. NELSON; Concurrence by Judge TROTT. OPINION T.G. NELSON, Circuit Judge: 1 Jacobo Ramos-Vasquez ("Ramos-Vasquez"), a native and citizen of Honduras, petitions for review of a decision of the Board of Immigration ("BIA" or "the Board"). The BIA denied Ramos-Vasquez's request for withholding of deportation under 8 U.S.C. Sec. 1253 (h) and for asylum under 8 U.S.C. Sec. 1158 (a). Finding Ramos-Vasquez not credible, the BIA majority refused to consider whether his testimony regarding the Honduran army's torture and summary execution of deserters established a well-founded fear of persecution. As the dissenting member of the Board observed, the BIA's…