Santana Aviles-Torres v. Immigration and Naturalization Service

SCHROEDER, Circuit Judge.

Petitioner Santana Aviles-Torres seeks review of the Board of Immigration Appeals’ (BIA’s) refusal to grant his request for reopening of deportation proceedings to allow for consideration of new evidence in support of his application for withholding of deportation and for political asylum. The new evidence included a Salvadoran newspaper article identifying him as a guerrilla enemy of the government. The article was published while petitioner was in El Salvador after having been erroneously deported during the pendency of his deportation appeal.

The government contends…