Argueta v. Immigration & Naturalization Service (1985) Overview | LSData Case Brief Video Summary

Jose Doney Argueta is seeking political asylum and withholding of deportation because he is fearful of persecution in his home country. An immigration judge denied his claims, but made factual errors in the decision. The Board of Immigration Appeals upheld the decision even though it lacked substantial evidence. Argueta filed a petition for review of the Board's decision. The court found that the IJ and the Board failed to establish a clear probability or well-founded fear of persecution, despite assuming the truth of Argueta's story. However, Argueta provided specific reasons and evidence of a direct and credible threat against him by a "death squad" based on a belief that he was part of a political organization.

Argueta v. Immigration & Naturalization Service (1985)
United States Court of Appeals for the Ninth Circuit
759 F.2d 1395

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