Julia Floridalma Rios, Paulo Jordan Rios v. John Ashcroft, Attorney General

Julia Floridalma Rios (“Rios”) and her son, Paulo Andre Jordan-Rios (“Paulo”), Guatemalan natives and citizens, fled Guatemala for the United States and sought asylum and withholding of deportation because they were persecuted on account of their imputed political opinion. In the alternative, they sought voluntary departure. Following a deportation hearing, an Immigration Judge denied petitioners’ requests for asylum and withholding of deportation, but granted their request for voluntary departure. Rios and Paulo ap pealed the IJ’s decision to the Board of Immigration Appeals (“BIA”). The BIA adopted the IJ’s reasoning and dismissed petitioners’ appeal. Petitioners now seek review of the BIA’s dismissal of their appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and, for the reasons that follow, we grant Rios’ and Paulo’s petitions, vacate the BIA order, and remand for further proceedings.

I. Facts and Procedural History

Before petitioners fled Guatemala for the United States in September 1991, they lived in Guatemala City with Hector Hugo Cordon (“Hector”) — Rios’ husband and Paulo’s father. Hector was a colonel in the Guatemalan army. As the IJ observed, Hector “was…