Castillo-Calderon

MEMORANDUM *

Petitioners Manuel Arturo Castillo-Calderon, his wife, Rosa Aura Castillo, and their children, Frederic Henry Castillo Ramirez and Eric Arturo Castillo Ramirez, natives and citizens of Guatemala, seek judicial review of a final order of deportation issued by the Board of Immigration Appeals (“BIA”). For the reasons that follow, we vacate the BIA’s order.

At the deportation hearing, Castillo testified that he and his family departed from Guatemala in May 1993. In Guatemala, Castillo owned his own business buying and selling used cars, electrical devices, and other merchandise. Castillo testified that guerillas had started asking him for money in late 1992. Castillo described the money as “taxes” because the guerillas used the money to pay for weapons, medication and food. The guerillas required Castillo to pay taxes every month. When Castillo was no longer able to pay the taxes, the guerillas shot at his house and car and left him a threatening note.

Castillo further testified that, while he was away from home in April of 1993, guerillas attacked his wife and child in the family home. Mrs. Castillo also testified about the attack. 1 She stated that three men broke…