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NOVOA-UMANIA v. I.N.S.

No. 89-1623.

896 F.2d 1 (1990)

Samuel NOVOA-UMANIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided February 15, 1990.

Attorney(s) appearing for the Case

Deborah M. Cerullo, Cambridge, Mass., with whom William H. Miller and Emmanuel Legal Services were on brief, for petitioner.

Maureen O'Sullivan, Jeremiah Friedman, Harvey Kaplan, Washington, D.C., and Law Office of Harvey Kaplan, were on brief for American Immigration Lawyers Ass'n and Nat. Immigration Project of the Nat. Lawyers Guild, amici curiae.

Alice M. Smith with whom Stuart M. Gerson, Asst. Atty. Gen., Mark C. Walters, Asst. Director, and Alison P. Drucker, Dept. of Justice, Civil Div., Office of Immigration Litigation, Washington, D.C., were on brief, for respondent.

Before BOWNES, BREYER and SELYA, Circuit Judges.

BREYER, Circuit Judge.

The issue in this case is whether the Immigration and Naturalization Service could find, on the basis of the record facts, that Samuel Novoa Umania, the petitioner, failed to show a "well-founded fear" that he faces persecution "on account of" his "membership in a particular social group, or political opinion" if he returns to El Salvador. See 8 U.S.C. § 1158(a) (giving Attorney General discretionary authority to grant asylum to...

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