Guerrero v. Holder, No. 10-2286 (1st Cir. 2012)Annotate this Case
Petitioner entered the U.S. in 1992 without being admitted or paroled and filed an affirmative asylum application, asserting that he had been persecuted and had a well-founded fear of future persecution on account of his political beliefs. He asserted that he was at risk because of his opposition to guerillas who occupied his village during the Salvadoran civil war and that he had been conscripted at gunpoint. Following an unexplained delay, federal authorities initiated removal in 2007. An immigration judge found the petitioner credible but concluded that he failed to substantiate a cognizable claim of past or future persecution, noting peace accords signed between the guerillas and the Salvadoran government in 1991 and the absence of evidence that any remaining guerillas would continue to harbor an interest in the petitioner. The BIA affirmed. The First Circuit denied appeal.