Vasquez-Ramirez

MEMORANDUM **

Petitioner Luis Armando Vasquez-Ramirez seeks asylum and withholding of deportation on the basis of his claimed fear of future political persecution should he return to his native Guatemala. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) (1994) 1 , and we grant the petition for review.

In denying his appeal from the IJ’s adverse decision, the BIA focused on petitioner’s experiences during brief return visits to Guatemala while he was residing in Mexico during 1989 and 1990. On those visits, petitioner was recruited by the government but was not persecuted.

Petitioner acknowledges that his claims rest not on past persecution, but upon his fear of persecution in the future were he to return. He testified that if he returns, he will again be foreibly recruited for military service. He further testified that when so recruited, he will refuse to serve on grounds of conscience, which will cause anti-government political views to be imputed to him. Apart from any persecution in connection with future military recruitment, petitioner testified that he would be viewed as an anti-government sympathizer because of his extended absence from Guatemala and because his…