116 F.3d 391 (9th Cir. 1997), 96-70276, de Leon-Barrios v. I.N.S.

Docket Nº:96-70276.
Citation:116 F.3d 391
Party Name:D.A.R. 7564 Edgar Octaviano de LEON-BARRIOS; Lili Villagrana; Edgar de Leon; Gerson de Leon, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:June 17, 1997
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 391

116 F.3d 391 (9th Cir. 1997)

D.A.R. 7564

Edgar Octaviano de LEON-BARRIOS; Lili Villagrana; Edgar de

Leon; Gerson de Leon, Petitioners,

v.

IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 96-70276.

United States Court of Appeals, Ninth Circuit.

June 17, 1997

Argued and Submitted May 9, 1997.

Page 392

Braden Cancilla, San Fernando Valley Neighborhood Legal Services, Pacoima, CA, for petitioners.

Quynh Vu, United States Department of Justice, Washington, D.C., for respondent.

Petition to Review a Decision of the Immigration and Naturalization Service. INS Nos. A70-646-920, A72-515-219, A72-515-220, A72-515-221.

Before: WALLACE, THOMPSON and T.G. NELSON, Circuit Judges.

THOMPSON, Circuit Judge:

OVERVIEW

Edgar Octaviano de Leon-Barrios (de Leon); his wife, Lili Villagrana; and their two sons, Edgar and Gerson de Leon, petition for review of the Board of Immigration Appeals' (BIA) decision denying their application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we deny the petition for review.

FACTS

De Leon and his family are citizens of Guatemala. They sought political asylum and withholding of deportation. De Leon's wife's and sons' claims for asylum and withholding of deportation are derivative of his application. See 8 U.S.C. § 1158(b)(3).

De Leon arrived in the United States in February 1993. Shortly thereafter, he filed an application for political asylum. In this first application, he stated that he fled Guatemala because, on several occasions, guerilla groups had threatened to kill him after he refused to help them. He also stated that guerilla groups killed his cousin and kidnapped his father after they refused to help the guerillas. De Leon testified he submitted this 1993 asylum application to obtain a work permit.

The Immigration and Naturalization Service (INS) denied the request for asylum and instituted deportation proceedings. At a hearing before an Immigration Judge (IJ), the IJ permitted de Leon to file a second asylum application. De Leon filed the second application in March 1995.

In this second application, de Leon made a general reference to the political turmoil in Guatemala. He, however, did not mention the threats he and his family allegedly received from the guerillas. Instead, this second application focused on threats he received

Page 393

based on his membership in a labor organization. He stated he joined the labor organization...

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