Sicaju-Diaz v. Holder, No. 10-2390 (1st Cir. 2011)Annotate this Case
In 1991, petitioner, a citizen of Guatemala, was taken into custody by immigration officials while crossing the Rio Grande. He applied for asylum, but did not appear at a hearing. A deportation order issued. In 2001 petitioner sought to reopen and an immigration judge held hearings and found that the Nicaraguan Adjustment and Central American Relief Act, 111 Stat. 2193, 2644 did not apply because petitioner was apprehended "at the time of entry." With respect to asylum, the IJ found that petitioner had a well founded fear of future persecution if he returned to Guatemala as "a member of a particular social group composed of family returning to Guatemala after lengthy residence in the United States perceived as wealthy and, therefore, particularly susceptible to extortionate and/or kidnapping demands." The BIA reversed with respect to asylum. The First Circuit denied review.