de Leon-Barrios v. Immigration & Naturalization Service

Good Law
116 F.3d 391·97 Daily Journal DAR 7564·1997 U.S. App. LEXIS 14973·97 Cal. Daily Op. Serv. 4551
United States Court of Appeals for the Ninth CircuitJune 17, 1997No. 96-70276California1,373 words

Opinion

Lead Opinion

Thompson, J.

OVERVIEW

Edgar Octaviano de Leon-Barrios (de Leon); his wife, Lili Villagrana; and their two sons, Edgar and Gerson de Leon, petition for review of the Board of Immigration Appeals’ (BIA) decision denying their application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we deny the petition for review.

FACTS

De Leon and his family are citizens of Guatemala. They sought political asylum and withholding of deportation. De Leon’s wife’s and sons’ claims for asylum and withholding of deportation are derivative of his application. See 8 U.S.C. § 1158 (b)(3).

De Leon arrived in the United States in February 1993. Shortly thereafter, he filed an application for political asylum. In this first application, he stated that he fled Guatemala because, on several occasions, guerilla groups had threatened to kill him after he refused to help them. He also stated that guerilla groups killed his cousin and kidnapped his father after they refused to help the guerillas. De Leon testified he submitted this 1993 asylum application to obtain a work permit.

The Immigration and Naturalization Service (INS) denied the request for asylum and…

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