Cesar M. Lopez v. John Ashcroft, Attorney General

Petitioner Cesar Margarito Lopez is a 47-year old native of Guatemala. He entered the United States on February 28, 1991, without inspection by an immigration officer. The Immigration and Naturalization Service (INS) placed Lopez in deportation proceedings by filing an Order to Show Cause (OSC) on June 28, 1994, charging Lopez with entry without inspection into the United States.

Lopez appeared before an Immigration Judge (IJ) with counsel, conceded the factual allegations in the OSC and his deport-ability, and stated his intention to apply for asylum and withholding of deportation. On April 26, 1999, the IJ issued his decision finding Lopez deportable and ineligible for asylum and for withholding of deportation. The IJ concluded that Lopez did not offer evidence establishing that Lopez had been persecuted on account of a protected ground. Lopez was, however, granted voluntary departure.

Lopez appealed to the Board of Immigration Appeals (BIA), which dismissed Lopez’s appeal in a per curiam opinion on September 24, 2002, with Board Member Espenoza dissenting. The BIA reasoned that: (1) Lopez had not established past persecution; (2) changed country conditions in Guatemala…