Henrius Henry v. Immigration and Naturalization Service, Sylvain Garconville v. Immigration and Naturalization Service

GOLDBERG, Circuit Judge:

The government seeks to deport petitioners, each a native and citizen of Haiti illegally in this country. Petitioners concede on appeal their deportability. 1 They maintain, however, that they are entitled to discretionary withholding of deportation under 8 U.S.C. § 1253(h), which provides:

The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to persecution on account of . political opinion . . . 2

An Immigration Judge denied the applications and ordered…