Alexandru Gui v. Immigration and Naturalization Service

Alexandra Gui petitions this court for review of a decision of the Board of Immigration Appeals (“BIA”). Mr. Gui, who became politically active in his opposition to Communism following Romania’s 1989 revolution, contends he was persecuted in 1990 and 1991 on account of his political beliefs. The Immigration Judge (“IJ”) did not find Mr. Gui credible and thus held that he did not establish past persecution or the well-founded fear of future persecution necessary for a grant of asylum or withholding of deportation. Mr. Gui appealed the IJ’s decision to the BIA and filed a Motion to Remand for reconsideration of claims based on the regulations implementing the United Nations Convention Against Torture. The BIA affirmed the IJ’s denial of asylum and withholding of deportation and denied Mr. Gui’s motion to reopen the proceedings to assert a claim under the Convention Against Torture. We grant the timely petition for review, find eligibility for asylum, deny withholding of deportation, deny relief under the United Nations Convention Against Torture, and remand to the BIA for an exercise of discretion by the Attorney General as to the grant of asylum.

JURISDICTION

On February 18,…