Velarde

Soledad Cristina Velarde, a native and citizen of Peru, appeals the BIA’s summary denial of her application for asylum or withholding of deportation. Velarde was a bodyguard for the daughters of then-President of Peru, Alan Garcia, before she fled to the United States following numerous death threats, receipt of a package bomb and an abduction attempt by members of the terrorist guerilla group Sendero Luminoso. Velarde claims that if she is returned to Peru, she will continue to be persecuted by Sendero on account of her political opinions. We hold that the BIA abused its discretion in denying relief to Velarde and remand.

I.

Velarde, a 36 year old native and citizen of Peru, was ordered on March 21, 1995, to show cause why she should not be deported for entering the United States without inspection on or about December 1, 1991. In the hearing before the Immigration Judge (IJ) on October 16, 1995, Velarde conceded deportability, but applied for relief from deportation on the basis of fear of persecution for her political opinion if she returns. Velarde testified that she fears persecution if returned to Peru because her life was threatened by the Peruvian terrorist…