Rodriguez-Fajardo

*649 MEMORANDUM

FACTS AND PROCEEDINGS

Francisco Rafael Rodríguez-Fajardo (Rodriguez) petitions for review of a decision of the Board of Immigration Appeals (the BIA) denying his applications for political asylum and withholding of deportation. We reverse.

Rodriguez is a citizen of Guatemala. He was drafted into the Guatemalan military and ultimately attained the rank of sergeant. During his military service, Rodriguez voiced his objections to the human rights abuses he witnessed, particularly the military’s practice of massacring villages and blaming guerrillas. Lieutenant Herrera was Rodriguez’s superior. Upon learning of Rodriguez’s criticisms, Herrera devised a plan to kill Rodriguez during combat and blame his death on guerrillas. Herrera confronted Rodriguez and threatened: “I will make you desert, or you will die.” A few days after Herrera’s death threat, Rodriguez fled Guatemala and crossed Mexico to reach the United States.

Rodriguez entered the United States without inspection on December 15, 1991. He subsequently filed applications with the Immigration and Naturalization Service (INS) for political asylum and withholding of deportation. Rodriguez appeared pro se…