U.S. Court of Appeals for the Ninth Circuit
Silva-Jacinto v. Immigration & Naturalization Service
This writing
- Type
- Dissent
- Author
- John T. Noonan Jr.
- Filed
- June 11, 2002
- Case
- Silva-Jacinto v. Immigration & Naturalization Service
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
NOONAN, Circuit Judge, dissenting. Silva-Jacinto refused to serve in G-2 because of his religious beliefs and his unwillingness to torture and “kill people for no apparent reason.” No evidence was presented that G-2 was aware of these beliefs. The record indicates only that Silva-Jacinto told military authorities that he didn’t wish to serve because “I wanted to return to civilian life. I wanted to live with my wife in Bananera.” G-2 persecution might have been based on simple refusal to serve, not a protected ground. The case should be remanded to the BIA for further findings on whether such persecution would have been “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A). Neither the Immigration Judge nor the BIA made a finding on this question.…
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Other writings in this case
| Type | Author | Filed |
|---|---|---|
| Opinion of the Court | Not attributed | June 11, 2002 |