Noel LOPEZ-REYES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Noel Lopez-Reyes petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and withholding of deportation under Sections 208(a) and 243(h) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158 (a), 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we grant the petition for review.

BACKGROUND

Noel Lopez-Reyes (“Lopez”), a 21-year-old native and citizen of Guatemala, entered the United States in January 1992. Lopez applied for asylum and withholding of deportation in September of 1992. In June of 1993, the Immigration and Naturalization Service (“INS”) issued Lopez an order to show cause why he should not be deported for his unauthorized entry. Lopez conceded deportability, and at a January 10,1994 merits hearing before an immigration judge (“IJ”), Lopez testified to the following facts in support of his application.

On a night in November of 1991, Lopez and his friend Jairo Lopez (“Jairo”) were walking home from church in their home town of Cascerio La Libertad when approximately twenty armed guerillas confronted them. Lopez and Jairo started to run, but the guerillas fired shots into the ground near their…