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CANAS-SEGOVIA v. I.N.S.

No. 88-7444.

902 F.2d 717 (1990)

Jose Roberto CANAS-SEGOVIA; Oscar Iban Canas-Segovia, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1990.

Attorney(s) appearing for the Case

Karen Musalo, University of San Francisco Law Clinic, San Francisco, Cal., for petitioners.

Allen W. Hausman, Office of Immigration Litigation, Washington, D.C., for respondent.

Charles R. Dougherty, Neil V. McKittrick, Boston, Mass., Paul Hoffman, David Weissbrodt, Los Angeles, Cal., for Amnesty Intern. U.S.A., amicus curiae.

Guy S. Goodwin-Gill, Susan Timberlake, United Nations High Com'r for Refugees, Washington, D.C., Ralph G. Steinhardt, George Washington University Nat. Law Center, Washington, D.C., for amicus curiae.

Before WRIGHT, HUG, and LEAVY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We consider whether El Salvador's forcible conscription policy amounts to persecution under the Immigration and Nationality Act (INA) when applied to conscientious objector Jehovah's Witnesses. Both the immigration judge (IJ) and Board of Immigration Appeals (BIA) answered this query in the negative when they denied asylum and withholding of deportation relief to petitioners Jose and Oscar Canas-Segovia. We now REVERSE and REMAND with...

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