Silva-Jacinto

MEMORANDUM

This petition for review challenges the INS’s determination that Silva-Jacinto is *491 not eligible for asylum on the basis that his fear of future persecution was not objectively reasonable. Both the Immigration Judge and the Board of Immigration Appeals found that Silva-Jacinto had a subjective fear of persecution and that his testimony was credible, reliable and consistent. 2 That testimony established that Silva-Jacinto was forcibly recruited into the Guatemalan armed forces, served honorably, but refused assignment to the G-2 division, an intelligence unit notorious for its human rights violations. Silva-Jacinto’s refusal was based on his conscience and religious beliefs. 3 The G-2 did not accept Silva-Jacinto’s refusal and pursued him, even after his tour of military duty ended. The pursuit continued even after Silva-Jacinto moved to another city to avoid the G-2’s entreaties. Silva-Jacinto was told that his “name would go on a list” — a statement that meant he was marked for death if he persisted in refusing to join the G-2. He thereupon fled Guatemala, entered the United States and later sought asylum.

That Guatemalans who refuse the “invitation” to join the…