Agustin Camposeco-Montejo v. John Ashcroft, Attorney General

Agustín Camposeco-Montejo (“Campo-seco”), a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (“BIA” or “Board”), affirming without opinion the decision of the Immigration Judge (“IJ”). The IJ denied Camposeco’s application for asylum, withholding of removal, and for relief under the Convention Against Torture, but granted voluntary departure. The denial of asylum was based on the IJ’s determination that Camposeco had firmly resettled in Mexico. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition.

BACKGROUND

Camposeco is a Jacalteco Mayan Indian who had many family members brutally tortured and murdered by the Guatemalan army during the 1980’s. His father, Gaspar Camposeco (“Gaspar”), was accused by the army of being a guerrilla because he was a “catechist” in the Catholic church. The army threatened to kill Gaspar and often went to the family’s house to look for him, destroying the family’s possessions and killing their pets when they did not find him. On one occasion, the army tied up Camposeco’s mother and threatened to take her away if she did not turn in Gaspar. Two of Gaspar’s cousins were…