U.S. Court of Appeals for the Ninth Circuit
Silva-Jacinto v. Immigration & Naturalization Service
This writing
- Type
- Opinion of the Court
- Filed
- June 11, 2002
- Case
- Silva-Jacinto v. Immigration & Naturalization Service
- Case status
- Decided
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Opening text
The first passage of the document, as extracted by the source provider.
ORDER The Memorandum disposition filed on March 5, 2002 is withdrawn. An amended Memorandum will be submitted for simultaneous filing with this Order. The panel having amended the disposition, the Petition for Rehearing is DENIED. Judge Noonan voted to grant the Petition for Rehearing. MEMORANDUM 1 This petition for review challenges the INS’s rejection of Silva-Jacinto’s asylum petition on the basis that his fear of future persecution was not objectively reasonable. Both the Immigration Judge and the Board of Immigration Appeals found that Silva-Jacinto had a subjective fear of persecution and that his testimony was credible, reliable and consistent. 2 That testimony established that Silva-Jacinto was forcibly recruited into the Guatemalan armed forces, served honorably, but refused assignment to the G-2 division, an intelligence unit notorious for its human rights violations. The record compels the conclusion that Silva-Jacinto’s refusal was based on his conscience and religious beliefs. The G-2 did not accept Silva-Jacinto’s refusal and pursued him, even after his tour of military duty ended. The pursuit continued even after Silva-Jacinto moved to another city to avoid the G-2’s…
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Other writings in this case
| Type | Author | Filed |
|---|---|---|
| Dissent | John T. Noonan Jr. | June 11, 2002 |