Edin Arcenio Ruano v. John Ashcroft

When you have received multiple death threats at your home and place of business; when you have been followed by and narrowly escaped four armed men trying to kill you; and when you have been targeted because of your membership in a political party, a rational factfinder could only conclude that you have suffered past persecution.

FACTUAL AND PROCEDURAL BACKGROUND

Edin Arcenio Ruano is a native and citizen of Guatemala. In 1991, Ruano fled his native country with the intention of coming to the United States. In February of the same year, he entered the U.S. near San Ysidro, California; his entry was made, however, without inspection by the INS as required by federal statute. See 8 U.S.C. § 1251 (a)(1)(B) (1994) (now codified at 8 U.S.C. § 1227 (a)(1)(B)). Approximately five years after Ruano made his way across the border, he was tracked down by the INS and served with an Order to Show Cause.

At his initial appearance before the Immigration Judge (“IJ”), Ruano conceded that he was deportable as charged, but requested asylum and withholding of deportation based on persecution he had allegedly faced in Guatemala. The IJ continued the hearing to a later date, at which time the…