Castaneda-Castillo v. Holder, No. 09-1847 (1st Cir. 2012)Annotate this Case
Castaneda, a Peruvian officer, was accused of participation in a massacre during Peru's conflict with the Shining Path guerrilla movement. He was acquitted of charges in Peru, but his name was associated with the massacre. He and his family received death threats. Shining Path repeatedly attacked, killing innocent bystanders. They fled to the U.S. in 1991. An Immigration Judge denied an application for asylum. The BIA affirmed in 2005. While appeals were pending, Castaneda was in custody; he was released on bail in 2010. The First Circuit remanded for consideration of whether Castaneda was credible in testimony that he did not know of the massacre until after it happened. The IJ denied the application. The BIA held that Castaneda was ineligible for asylum, reasoning that Shining Path attacked not because he was a member of a specific group, military officers linked to the massacre, but as revenge. The First Circuit remanded for consideration of whether that comprised a social group. The BIA answered in the affirmative; in 2012, the IJ granted asylum. The government has not appealed, but claimed that the court lacked authority to issue final judgment. The First Circuit disagreed, noting that it explicitly retained jurisdiction to ensure a speedy final resolution.
This opinion or order relates to an opinion or order originally issued on March 24, 2011.