Cordero-Trejo v. Immigration & Naturalization Service

                UNITED STATES COURT OF APPEALS
                    FOR THE FIRST CIRCUIT
                                         

No. 94-1385

                JUAN FRANCISCO CORDERO-TREJO,

                         Petitioner,

                              v.

           IMMIGRATION AND NATURALIZATION SERVICE,

                         Respondent.

                                         

              ON PETITION FOR REVIEW OF AN ORDER

             OF THE BOARD OF IMMIGRATION APPEALS

                                         

                            Before

                    Boudin, Circuit Judge,
                                                     
                Aldrich, Senior Circuit Judge,
                                                         
                   Young,* District Judge.
                                                     

                                         

Maureen O'Sullivan with whom Harvey Kaplan, Jeremiah Friedman and
                                                                         
Kaplan, O'Sullivan & Friedman were on brief for petitioner.
                                     
Iris Gomez with whom Massachusetts Law Reform Institute was on
                                                                   
brief for Guatemaltecos Unidos En Accion of Rhode Island and
Massachusetts Immigrant and Refugee Advocacy Coalition, amici curiae.
Donald E. Keener, Office of Immigration Litigation, with whom
                            
Frank W. Hunger, Assistant Attorney General, and Philemina McNeill
                                                                          
Jones, Office of Immigration Litigation, were on brief for respondent.
             

                                         

                      November 23, 1994
                                         

                
                            

*Of the District of Massachusetts, sitting by designation.


          ALDRICH,  Senior  Circuit Judge.    Petitioner Juan
                                                     

Francisco  Cordero  Trejo  claims  the  Board of  Immigration

Appeals  ("Board")  erred in  dismissing  his  appeal from  a

denial  of  asylum  and  withholding of  deportation  by  the

immigration judge.   Cordero's  principal contention is  that

the  Board,  in  summarily  adopting  the  IJ's  conclusions,

ignored  substantial portions  of the  evidence and  accepted

inappropriate  assumptions  about   how  Guatemalan   society

operates in  concluding that his claim to have a well-founded

fear of  persecution if returned to  Guatemala contains fatal

"inconsistencies"  and  "implausibilities,"  and  that  he is

statutorily ineligible for either asylum or withholding.  See
                                                                         

8 U.S.C.    1158(a) and 1253(h) (1988 & Supp. IV 1992).

          After  full  review,  we  hold  that  the  findings

underlying the Board's conclusion that  Cordero is ineligible

for asylum are  not supported by  substantial evidence.   The

Board's  adoption of  the  IJ's findings  and conclusions  is

unreasonable  when evaluated  in  light of  the  record as  a

whole.   Universal Camera Corp. v. NLRB, 340 U.S. 474 (1951).
                                                   

The  Board's  initial basis  for  denying  Cordero's bid  for

asylum,  i.e.,   the  IJ's  extensive   negative  credibility

findings, are without foundation in the record.  The  Board's

alternative  holding that  Cordero is  statutorily ineligible

                             -2-
                                          2


for asylum based  upon, inter alia,1  its conclusion that  no
                                              

one in  Guatemala "is interested in  him for any  of the five

statutory grounds for asylum,"  In re Cordero, No. A70438773,
                                                         

slip  op. at 2 (BIA Mar. 22,  1994), can only be derived from

reliance  on  those  unreasoned   findings  to  discredit   a

substantial  portion of  Cordero's  evidence.   Finally,  the

Board did  not  evaluate  the record  "in  light  of  general

conditions"  in  Guatemala and  failed  to  consider evidence

concerning  the  pattern  and  practice  of   persecution  of

similarly situated  persons in Guatemala, as  required by INS

regulations.  8 C.F.R.   208.13(a) and (b)(2)(i).  See Osorio
                                                                         

v. INS, 18 F.3d 1017, 1031 (2nd Cir. 1994).   Accordingly, we
                  

vacate the  Board's eligibility determination and  remand for

new proceedings in accordance with this opinion.

                              I.
                                          I.
                                            

                         BACKGROUND2
                                     BACKGROUND
                                               

          Cordero is a native and  citizen of Guatemala.   He

was born  in 1948,  and completed  high  school and  attended

medical school there.  He was a 42 year-old married father of

four  daughters,  a  small  property  owner,  and  owner  and

                    
                                

1.  The  Board   also  based  this  alternative   holding  on
Cordero's failure to  show past  harm and the  fact that  his
family remains in Guatemala  unharmed.  These are statutorily
insufficient  grounds for  a denial  of asylum,  as discussed
infra.
                 

2.  Except where expressly indicated, the facts stated herein
were not contradicted.

                             -3-
                                          3


operator of a successful construction  business that employed

dozens of workers  when he  fled his country  in November  of

1990.  He enjoyed a good standard of living, had savings, and

sent his daughters to private school.  His wife and daughters

remain in Guatemala.

          From  1976  to  1990   Cordero  also  worked  as  a

volunteer with "Laicos Comprometidos" (the committed laymen),

a religious organization dedicated to  promoting the Catholic

faith, to  providing medical care, food and clothing to needy

Guatemalans and  to helping them "rise  above their poverty."

He travelled  on these  missions approximately three  times a

year to remote  areas which  had been hard  hit by  conflicts

between  guerrillas  and  the  Guatemalan  military.  Cordero

testified to having been stopped many times on these missions

by  armed groups who accused him  and his fellow missionaries

of inciting rebellion among the rural people.

          In   1985  Cordero   began  to   receive  anonymous

threatening phone  calls warning  him to stop  his activities

with Laicos.   Then, in 1986,  Cordero's younger brother  was

attacked by armed men who stabbed him multiple times, stating

that this was a  warning for Cordero.  Several  months later,

Cordero's older  brother was attacked by armed  men who threw

him  off a  cliff,  stating that  it  was on  account of  his

brother's (Cordero's)  failure to heed their  warnings.  Both

brothers  survived,  and   remain  in  Guatemala.     Cordero

                             -4-
                                          4


testified that both  before and  after these  attacks he  and

members of his  family were  followed on the  street and  his

house was being  watched.  He reported  the threatening phone

calls  and  surveillance,  but   was  unable  to  obtain  any

assistance from the National Police.

          In  November of  1987  Cordero was  stopped by  the

army3  while on  a mission  in a  region plagued  by guerilla

unrest.   He was interrogated at length about his motives for

coming  to  the region,  and when  he  explained he  was with

"Laicos Comprometidos"  he was accused  of inciting rebellion

among  the people.   Several  priests  with whom  Cordero was

intimate  were  killed in  the course  of  their work  in the

countryside.   In 1989 Cordero suspended the  activities of a

group  of lay  social workers  that he  and some  friends had

founded to help troubled teens because of a  telephone threat

they received.4

                    
                                

3.  In his  affidavit in  support of his  asylum application,
Cordero states that he was "arrested" by the army.  Later, in
response to questioning before the immigration judge, Cordero
stated that he had never been arrested in Guatemala.   The IJ
in his opinion and the INS in its brief ignore this incident,
whereas Cordero's  brief maintains  he was in  fact arrested.
Because the record  offers no reason to believe  the incident
described here did  not occur, we feel  it is safe to  assume
that Cordero probably understood the word "arrest" as he used
it  in his  affidavit to  mean "stop,"  rather than  its more
specialized criminal law meaning.  We believe the discrepancy
can  therefore  be   simply  explained  by  inadequacies   of
translation.

4.  This incident too, although  not contradicted anywhere in
the  record, is  not acknowledged  by either  the immigration
judge or the INS.

                             -5-
                                          5


          In  June of  1990, after  twelve years  of service,

Cordero resigned  from Laicos because he  believed this might

put a stop  to the  campaign against him  and his  activities

that was terrorizing his family.  However, in October of 1990

he was accosted  on a city street by armed men who identified

themselves  as belonging to the "death  squads."  They warned

him to abandon  the country and that this  would be his final

warning.  They robbed him, but did not harm him physically.

          Cordero  claims that his  family was terrorized and

that his own fears of persecution crystallized at this point.

He believes that if he returns to Guatemala he will be killed

by  those who continuously threatened him.  He was tempted to

leave  Guatemala that  night, but decided  instead to  try to

leave legally.   He  obtained a passport  without difficulty,

but  was turned  down by  the United  States Consulate  for a

visa.    He   then  left  Guatemala  on  November  21,  1990,

travelling by bus and on foot through Mexico.  He entered the

United States near Brownsville, Texas on or about February 2,

1991   without  inspection   and  was   apprehended   by  the

Immigration Service shortly thereafter.

          In deportation  hearings held in March  and June of

1991 Cordero conceded  deportability and  applied for  asylum

and  withholding  of  deportation,  and  in the  alternative,

voluntary departure.  Immigration and Nationality Act    208,

243(h)  and 244(e), 8 U.S.C.     1158(a), 1253(h) and 1254(e)

                             -6-
                                          6


(1988  and  Supp.  IV   1992).    The  IJ   denied  Cordero's

applications for  asylum  and withholding,  but  granted  his

request  for voluntary  departure.   Cordero appealed  to the

Board.  On  March 22,  1994 the Board  dismissed the  appeal.

The Board relied on adverse credibility findings by the IJ in

reaching its decision that Cordero did not meet the statutory

definition   of  a   "refugee."     INA       101   et  seq.,

101(a)(42)(A), 208(a), as amended, 8 U.S.C.     1101 et seq.,

1101(a)(42)(A),   1158(a).      The   Board   reasoned   that

"inconsistencies    and   implausibilities"    in   Cordero's

application  rendered him  unworthy of credibility,  and that

even  if  credible,  he  had failed  to  establish  statutory

eligibility for asylum because  he had not shown that  he was

ever harmed  in Guatemala,  or that  his family  remaining in

Guatemala had  been harmed, or  that "anyone in  Guatemala is

interested in him for  any of the five statutory  grounds for

asylum."   In re  Cordero, slip. op.  at 2.   The Board noted
                                     

that  suffering from  civil disturbances and  fleeing general

conditions  of  violence  do  not qualify  an  applicant  for

asylum.

          Cordero now appeals.

                             II.
                                         II.
                                            

            EXHAUSTION OF ADMINISTRATIVE REMEDIES
                        EXHAUSTION OF ADMINISTRATIVE REMEDIES
                                                             

          The INS  charges that  Cordero did not  exhaust his

administrative remedies because until now he has claimed only

                             -7-
                                          7


religious  persecution,  and failed  to claim  persecution on

imputed political opinion and/or  social group grounds, as he

now seeks to do on appeal  to this court.  This contention is

without  merit.    See  generally  the  United  Nations  High

Commissioner   for  Refugees,  Handbook   on  Procedures  and
                                                                         

Criteria for Determining Refugee Status (Geneva, 1979),    66
                                                   

and  67.  Not only did Cordero  check the social group box on

his  I-589  application  for  asylum, the  immigration  judge

framed the discussion in his order and opinion principally in

terms  of the social group ground.  Moreover, the language of

the Board's  decision reveals  that  it considered  Cordero's

application  lacking with  respect to  "any one  of the  five

statutory grounds."5  In re Cordero, slip. op. at 2.  
                                               

                             III.
                                         III.
                                             

                      STANDARD OF REVIEW
                                  STANDARD OF REVIEW
                                                    

          We review  findings of fact and  credibility by the

Board "under a deferential 'substantial'  evidence standard."

Alvarez-Flores  v. INS, 909 F.2d 1, 3 (1st Cir. 1990); Novoa-
                                                                         

Umania v. INS, 896 F.2d 1, 2 (1st Cir. 1990) ("we must uphold
                         

any  finding  of  fact  that  is  supported  by  'substantial

evidence'").   Board determinations of  statutory eligibility

                    
                                

5.  Petitioner  stated  his fear  to  be "on  account  of his
membership  in  the  social  group  of  religious  layworkers
(catechists) and on account of the political opinion which is
imputed to such people, and to the Petitioner in particular."
We  regard Cordero's  application for  asylum as  justiciable
under  any one or several  of the statutory  grounds that the
record as a whole supports.

                             -8-
                                          8


for   relief   from  deportation,   whether  via   asylum  or

withholding,  are  conclusive  if  "supported  by reasonable,

substantial, and probative evidence on the record  considered

as a whole."  8 U.S.C.   1105a(a)(4) (1988).  Gebremichael v.
                                                                      

INS, 10 F.3d 28, 31 (1st Cir. 1993).
               

          Under  normal  principles  of   administrative  law

governing the role of courts of appeals when reviewing agency

decisions for substantial evidence,

          [t]he Board's findings must  . . . be set
          aside when  the record before a  Court of
          Appeals  clearly  precludes  the  Board's
          decision from  being justified by  a fair
          estimate of the worth of the testimony of
          witnesses  or  its  informed judgment  on
          matters within its special  competence or
          both.

Universal Camera, 340 U.S. at 490.  This is to ensure that an
                            

agency  "keeps  within  reasonable   grounds."    Id.    See,
                                                                        

Ghebllawi  v. INS, 28 F.3d  83, 85 (9th  Cir. 1994) (invoking
                             

Universal  Camera   standard  to  emphasize  that   Board  of
                             

Immigration Appeals  is not "a unique  kind of administrative

agency  entitled  to  extreme   deference").    We  will  not

"supplant  the   agency's  findings  merely   by  identifying

alternative findings  that could be  supported by substantial

evidence."    Arkansas  v.   Oklahoma,  112  S.Ct.  at  1060.
                                                 

However, though  we defer  to reasonable inferences  drawn by

the Board  from conflicting  evidence, see, Martinez  v. INS,
                                                                        

970 F.2d  973,  975  (1st  Cir.  1992),  Consolo  v.  Federal
                                                                         

Maritime Commission, 383  U.S. 607, 619-20 (1966),  deference
                               

                             -9-
                                          9


is  not  due  where findings  and  conclusions  are based  on

inferences  or presumptions that  are not reasonably grounded

in  the record, viewed as a whole, Universal Camera, 340 U.S.
                                                               

at  491; Radio  Officers'  Union v.  NLRB,  347 U.S.  17,  49
                                                     

(1954),  or  are merely  personal  views  of the  immigration

judge.  See Damaize-Job v. INS, 787 F.2d 1332, 1337 (9th Cir.
                                          

1986).  In any case, credibility findings resting on analysis

of testimony rather than on  demeanor may "deserve less  than

usual deference."   Consolidation Coal v. NLRB, 669 F.2d 482,
                                                          

488 (7th Cir. 1982).

                             IV.
                                         IV.
                                            

                          DISCUSSION
                                      DISCUSSION
                                                

          Of the issues Cordero raises on appeal with respect

to  the  denial of  his  application  for asylum,  two  merit

serious discussion: (1) the Board erred in relying on adverse

credibility   and  other  factual   findings  which  are  not

supported by substantial evidence in the record;  and (2) the

Board's decision  is not  supported  by substantial  evidence

because it ignores significant documentary evidence pertinent

both  to  the  credibility   of  Cordero's  claimed  fear  of

persecution on  account of one or  several statutory grounds,

and  to  the persecution  of  similarly  situated persons  in

Guatemala.  We address each argument in turn.

A.        Credibility and Other Factual Findings
            A.        Credibility and Other Factual Findings
                                                            

                             -10-
                                          10


          The  Board's  denial  of  asylum adopted  the  IJ's

findings that  Cordero's  application and  testimony (1)  was

rife  with  inconsistencies  and  implausibilities,  and  (2)

failed  to  show either  that he  had  suffered past  harm in

Guatemala,  or that  his  family had  been  harmed since  his

departure, or "that anyone in Guatemala is interested  in him

for  any of the  five statutory grounds  for asylum."   In re
                                                                         

Cordero, slip. op. at 2.
                   

          As  to  the Board's  second  holding,  it is  well-

established that the first  two reasons are not prerequisites

to   qualify  for   asylum  under   the   statute.     INA   

101(a)(42)(A),  8  U.S.C.      1101(a)(42)(A),  8  C.F.R.    

208.13(b) and  (b)(2)(i).   INS v. Cardoza-Fonseca,  480 U.S.
                                                              

421  (1987).   Matter  of Mogharrabi,  19  I&N Dec.  439 (BIA
                                                

1987).  See also,  Sotelo-Aquije v. Slattery, 17 F.3d  33, 37
                                                        

(2nd Cir.  1994)  (fact  that petitioner  had  not  yet  been

physically harmed "is not determinative  of whether he has  a

well-founded fear of persecution");  Turcios v. INS, 821 F.2d
                                                               

1396,  1402   (9th  Cir.  1987)  (petitioner's  "freedom  was

threatened  when   he  was  watched  continuously   and  felt

compelled to restrict his activities").  And the third reason

is a conclusion  that the  Board could only  have reached  by

relying on the IJ's adverse credibility findings to discredit

the bulk of Cordero's evidence.

                             -11-
                                          11


          Because   the   Board  adopted   these  credibility

findings as the initial  basis for its denial of  asylum, and

relied on  them in  formulating its alternative  holding that

Cordero  had   in  any   event   not  established   statutory

eligibility  for asylum,  the  sufficiency  of  the  evidence

supporting these  findings remains an  issue on  appeal.   We

evaluate each IJ finding for substantial evidence:

1.        Because  Cordero's affidavit does  not identify the

          "unknown armed men" who attacked him and two of his

          brothers as members of "death squads," nor mentions

          that  the attackers identified  themselves as such,

          the  judge  found  his  testimony  to  that  effect

          inconsistent,  and  his  characterization of  these

          attacks therefore not deserving of credibility.

          The  record  establishes that,  far  from  being "a

significant  fact that one . . .   would be expected to state

in the asylum application or supporting affidavit," as the IJ

asserted, accounts  of  political  attacks  and  killings  in

Guatemala refer to  "unknown attackers," "unidentified  men,"

"armed   assailants"   and   members   of    "death   squads"

interchangeably.    Cordero's  descriptions of  his  and  his

family's  attackers  are  thus  consistent with  how  similar

incidents are  described  in Cordero's  supporting  evidence.

The record  reveals that  precisely because these  groups are

unofficial   and   "clandestine"  they   are   by  definition

                             -12-
                                          12


"unknown."    In  fact,  the  record suggests  that  in  most

instances   the   only   way   they   are   knowable,   i.e.,

distinguishable from  mere bandits  and criminals, is  by the

threats and  indications of motive that  typically precede or

accompany their  violence.  Both Cordero's  testimony and his

affidavit refer repeatedly to  the attackers' demands that he

discontinue his  activities with  Laicos, and to  warnings of

future violence should he disregard them.

          Viewing Cordero's affidavit and testimony "in light

of the record as a whole," it is difficult to  perceive how a

reasonable factfinder could find an inconsistency between the

labels "death  squad" and  "unknown armed men"  sufficient to

impugn  the  applicant's credibility.    Similarly, Cordero's

testimony  concerning  "strongly  armed  men   with  vehicles

without number plates" is consistent with both labels.

2.        "One must question why [Cordero] would report these

          threats  to  national  police  of   the  Guatemalan

          government."

          The  record shows  that in  Guatemala it  is, among

other  things, a  lack of  response  by authorities  with the
                                  

power to halt  these sorts  of attacks that  suggests that  a

particular incident was no ordinary crime or random violence.

Viewed in this  context, it makes perfect  sense that victims

would report violent incidents to the authorities.   In fact,

given that the record contains several examples of victims or

                             -13-
                                          13


relatives  reporting such  incidents to  police, it  does not

support the assumption that  Guatemalans would not attempt to

exercise their legal  rights in order to  prevent, redress or

simply record incidents of persecution.  

3.        Given that  Cordero testified that the death squads

          always  carry rifles  and use  them with  impunity,

          "one  must  wonder why  [neither  he  nor his]  two

          brothers who were allegedly attacked by death squad

          members  were not shot  or apparently attacked with

          firearms and were not killed."

          The record documents numerous politically motivated

attacks  upon  social  activists and  religious  lay workers,

many,  if not  most, of  which are  characterized by  acts of

violence  accompanied  by  warnings  and  threats  of  future

violence  that do not result  in the death  of the victim(s).

The record suggests that the use of violence as a vehicle for

intimidation is widespread in  Guatemala.  Understood in this

context, a  reasonable interpretation of  Cordero's testimony

that the death squads  use their weapons with  impunity would

encompass  their use  for purposes  of intimidation,  and not

merely for killing.

          It is difficult to  see how a reasonable factfinder

could  view   Cordero's   off-hand  comment   regarding   his

attackers'  fondness  for weaponry  in  the  context of  this

record,  and   conclude  that   his   credibility  has   been

                             -14-
                                          14


compromised.  Moreover, to infer that  an asylum applicant is

unlikely to be  persecuted because he and his  relatives were

not killed during attempts to  terrorize them "lead[s] to the

absurd result of  denying asylum to  those who have  actually

experienced persecution  and were fortunate enough to survive

.  . . ".   Del Valle v.  INS, 776 F.2d 1407,  1413 (9th Cir.
                                         

1985).

4.        The IJ found  it "not  particularly credible"  that

          Cordero  "would not tell  his alleged  attackers in

          October of 1990 that  he was no longer a  member of

          or active  in the  Laicos religious movement  if in

          fact  he was  threatened .  . .  for his  religious

          activities."

          There is  perhaps a superficial basis  for the IJ's

question.  How much credit, however, would his attackers give

to  a protestation that, after so many years, he had resigned

or  retired?   It  is to  be  noted that  this  confrontation

occurred in an urban  area, without the attackers waiting  to

find him in the  countryside.  Could he reasonably  expect to

end these threats by talk?

5.        The  IJ found  it "not  particularly credible  that

          [Cordero's]   attackers,   if   they   were   truly

          interested  in his religious  activities, would rob

          him as  opposed to  physically harming him  as they

          had allegedly threatened to do. . . .".

                             -15-
                                          15


          The   record,   documenting  a   wide   variety  of

exploitation,  including thefts of  documents, robberies, and

ransacking of artwork, religious and other valuable  property

by those seeking to terrorize or intimidate the populace,  is

to the  contrary, and  contains no  evidence to  support this

assumption.

6.        "One  must wonder  why  the  Guatemalan  government

          would  place its seal on a document . . . extolling

          [Cordero's]   virtues   in  a   movement  allegedly

          targeted   by  government  death  squads  or  would

          provide information purporting  to corroborate  the

          death squad atrocities."

          Referring to the letter  from the Laicos leadership

commemorating  Cordero's  service  and  resignation,  and  to

certain hospital  documents, it  appears that the  IJ assumed

the  government  puts  its  stamp of  approval  on  documents

executed upon  paper bearing government  "seals" after  their
                                                                  

completion  in concluding that they therefore deserve "little

weight."    This assumption  is not  only unsupported  by any

discernible  evidence,  but  is  contradicted   by  Cordero's

testimony that  these documents  were never submitted  to any

arm of the  Guatemalan government.   In fact, examination  of

the documents  belies the IJ's conclusion:   paper preprinted

with such seals appears to be obtainable from  the government

merely  by payment  of fifty  "centavos de  quetzal"  for the

                             -16-
                                          16


purpose of  executing "official" documents of  any sort, thus

the government never sees, let alone approves their contents,

as Cordero himself testified. 

7.        The  IJ found  that Cordero's  supporting documents

          "are  not  under  oath, are  conclusory  in nature,

          provide  no foundation  for the  stated conclusions

          and . . . are suspect at best."

          An examination of the letters, hospital reports and

other  documents  submitted  in  support  of Cordero's  claim

reveals that they were executed on  official paper, signed by

the  affiant,  sealed  with,  e.g.,  "Laicos  Comprometidos,"

"Hospital General  San Juan de Dios"  or "Hospital Roosevelt"

insignia, and included the language "giving faith to what was

previously said" or  "CERTIFIES."  There is  no evidence that

this is  insufficient to be  considered a sworn  statement in

Guatemala.   Both medical  statements are signed  by hospital

officials and  the heads  of the examining  departments; both

detail the injuries, and their causes, sustained by Cordero's

brothers, as contained in their medical  records.  The Laicos

Comprometidos document  is signed  by both the  President and

Secretary of the organization and describes Cordero's work in

detail.    No reasonable  interpretation  of  these documents

supports the  immigration  judge's conclusions  as  to  their

authenticity or worth.  Cf., Dawood-Haio v. INS, 800 F.2d 90,
                                                           

96 (6th  Cir.  1986)  (observation  that  petitioner's  sworn

                             -17-
                                          17


statements "are not documented" to conclude he is not telling

the truth "is a non-sequitur").

8.        The IJ  found the  fact that Cordero's  wife signed

          her  full  name on  letters  to him,  and  that the

          letters "are addressed to respondent's formal name"

          suspect  because  "one  would normally  expect  the

          spouse to use the more familiar form."

          The record reveals  that Cordero's wife opened  her

letters to her husband  with either "Dear Paco," "My  Beloved

Husband," or "My dear one," while addressing the envelopes to
                                                                      

"Senor  Juan Francisco Cordero  Trejo."  It  is impossible to

see  how this is contrary to what "one would normally expect"

anywhere.  Nor is there any evidence in the record to suggest

that  signing  a letter  to a  spouse  residing in  a foreign

country  by using one's full  name is contrary  to the common

practice of someone of Mrs. Cordero's cultural background.

9.        If Cordero "were truly targeted by the government,"

          it is "not particularly plausible" that he obtained

          a passport.

          This court has acknowledged  that ability to obtain

a  passport   does  not   necessarily  indicate   absence  of

persecution.  Ipina  v. INS, 868 F.2d 511, 515  n.9 (1st Cir.
                                       

1989).   The "mere possession of a valid national passport is

no bar to refugee status."  United Nations  High Commissioner

for   Refugees,  Handbook  on  Procedures  and  Criteria  for
                                                                         

                             -18-
                                          18


Determining Refugee Status,    48, at 14 (Geneva  1979); See,
                                                                        

Turcios   v.  INS,  821  F.2d  1396,  1402  (9th  Cir.  1987)
                             

(incorrect for IJ  to assume government that  allows a person

to leave  will not persecute him upon  return).  Furthermore,

Cordero is not claiming to  have been targeted and threatened

by  the civilian  government, but  by a  shadowy, extra-legal

entity associated with the Guatemalan military. 

10.       The  IJ  assumed that  because  Cordero  never held

          office  in  Laicos,  and  led  only  two  or  three

          missions   per  year,   his  involvement   in  this

          religious  movement  was "relatively  limited," and

          that since officers of Laicos "suffered no apparent

          harm . . . for the past several years," Cordero had

          "embellished"  his  alleged  fear:  "Certainly  the

          leading  officers  .  .  .  are  more  visible  and

          susceptible to potential  persecution than are  the

          rank and file members such as respondent."

          The  record is replete with references to incidents

of politically, socially or religiously motivated persecution

of  precisely  the sort  of  non-prominent  lay or  volunteer

workers,  like  Cordero, who  carried  out  the missions  for

social  change  to  which  they or  their  organizations  are

committed.    The IJ's  conclusion  about  who would  have  a

legitimate fear  under these circumstances  in Guatemala thus

                             -19-
                                          19


cannot be derived from a reasonable appraisal of the evidence

presented in the record.

                            * * *

          Each "inconsistency" or  "implausibility" that  the

IJ identified either appears  to be based upon "expectations"

without  support  in  the  record,  or  inexplicably  refutes

uncontroverted   testimony,  or  is  flatly  contradicted  by

relevant background  and country conditions evidence.   It is

apparent that the IJ did not consider Cordero's testimony and

evidence "in  light of  general conditions" in  Guatemala, as

required  by law.    8  C.F.R.    208.13(a).    The IJ  never

referred to  the significant  country conditions evidence  in

the record.

          This court, in reversing the Board in Perez-Alvarez
                                                                         

v. INS, adopted the analysis of a dissenting Board member: 
                  

          As  a general rule, in considering claims
          of   persecution   I   think  it   highly
          advisable to  avoid assumptions regarding
          the  way other  societies operate.   Time
          and  again  this  Board   has  considered
          appeals  in  which  assumptions  of  this
          nature  have  been proven  to  be totally
          wrong . . . .

857 F.2d 23, 24  (1st Cir. 1988) (nothing in  record sustains

IJ's assumptions, "except  perhaps his general  perception of

life  or political conditions in El Salvador which may or may

not be grounded in fact").

          Here, the  IJ's conclusions are not  drawn from any

perspectives  offered  by the  unique  vantage  point of  the

                             -20-
                                          20


factfinder, such as witness demeanor, conflicting or confused

testimony,   etc.,  from   which  credibility   is  typically

assessed.   In fact, it  is difficult to  ascertain from what

sort  of evidence  the IJ  drew his  credibility conclusions.

The opinion  states no more than "one must question why . . .

" or "one must wonder why . . . ."  As the record contains no

evidence  that supports  these  findings, we  find that  they

unreasonably  eviscerate Cordero's attempt  to establish both

the  objective  and the  subjective  elements  of his  asylum

claim--that he has been, and fears  being again, targeted for

persecution in Guatemala.

                             -21-
                                          21


B.        Background and "Country Conditions" Evidence
            B.        Background and "Country Conditions" Evidence
                                                                  

1.        Credibility and Context
            1.        Credibility and Context
                                             

          A "well-founded fear  of persecution" contains both

a subjective and an  objective element.  Cardoza-Fonseca, 480
                                                                    

U.S. at 430-31,  440.  Alvarez-Flores v.  INS, 909 F.2d  1, 5
                                                         

(1st  Cir.  1990).    The  former  is  established   via  the

applicant's  credible testimony  that  his  fear is  genuine;

while  the latter is  largely dependent upon  the context and

believability  he  can  establish  for  his   claims  through

presentation  of  reliable,  specific,  objective  supporting

evidence.   Id. (collecting cases).  In addition, the Code of
                           

Federal Regulations provides that 

          [t]he  testimony  of  the  applicant,  if
                                                               
          credible in light  of general  conditions
                                                               
          in the applicant's country of nationality
                                                
          or  last  habitual   residence,  may   be
          sufficient  to  sustain  [his] burden  of
          proof without corroboration.

8 C.F.R.   208.13(a) (emphasis added).

          The  Board recognizes the importance of documentary

evidence both in providing a  plausible context for an asylum

applicant's claim, and in making credibility assessments:

          Without  background  information  against
          which to judge  the alien's testimony, it
          may well  be  difficult to  evaluate  the
          credibility of the testimony.  . . .  The
          applicant's  statements cannot  . .  . be
          considered  in the abstract,  and must be
          viewed  in  the context  of  the relevant
          background  situation.    A knowledge  of
          conditions in the applicant's  country of
          origin .  . . is an  important element in
          assessing the applicant's credibility.

                             -22-
                                          22


Matter  of Dass,  Int.  Dec. 3122,  1989  WL 331876,  at  *10
                           

(citation  omitted).    "[T]he  general  rule  regarding  the

consideration  of asylum  applications by  immigration judges

and the Board .  . . is that they must be  evaluated based on

matters of record (i.e., based  on the evidence introduced by

the parties to the  case under consideration).  Id.  at LEXIS
                                                               

*9.

          Cordero   submitted   ample  documentary   evidence

confirming  persecution of  religious, community,  and social

activists, religious lay workers  and members of the clergy.6

This evidence  suggests that  all such activists  tend to  be

viewed by  the shadowy, quasi-military "death squads" Cordero

claims  were  hounding  him  and others  as  responsible  for

inciting rebellion  among poor  peasants in  the countryside,

simply for  helping to improve their quality  of life.  It is

thus extremely important for contextualizing, in  the absence

of  direct corroboration,  the  events which  Cordero  claims

constitute  persecution  or  the  threat  of  persecution  on

account of activities  similar to those  of other victims  in

Guatemala.

          Both the judge and the Board failed to address much

of Cordero's evidence.   With  all deference, it  is far  too

                    
                                

6.  The  Board  nowhere  suggests   that  this  evidence   is
unreliable, and we note  that it comes from sources,  such as
the  State  Department  and internationally  recognized  non-
governmental  organizations, generally regarded  by courts of
law as reliable.

                             -23-
                                          23


extensive  and significant  to  be dismissed  with a  general

statement.     This  failure   unreasonably  eviscerates  the

applicant's attempt to establish the objective element of his

asylum claim.

2.        Pattern and Practice
            2.        Pattern and Practice
                                          

          The  "Immigration  Judge   shall  not  require  the

applicant to provide  evidence that he  would be singled  out

individually for persecution" if he establishes his inclusion

in and  identification  with "similarly  situated" groups  of

persons against which  there is  a "pattern  or practice"  of

persecution  in his  country on  account of  any of  the five

statutory  grounds  for  asylum.   8  C.F.R. 208.13(b)(2)(i).

Cordero supports his fear of persecution on account of one or

several  statutory  grounds  with considerable  documentation

concerning the  treatment of persons in  Guatemala engaged in

similar activities  and  motivated by  similar religious  and

social concerns as himself.  There are some 150 pages of news

items,  reports   from  the   State   Department,  and   from

international     human    rights     and    non-governmental

organizations.

          Again, the Board makes no mention of this evidence,

and  no effort  to  engage  in  the inquiry  necessitated  by

regulation.    Id.   The  record  contains upwards  of  sixty
                              

specific  incidents  of threats,  kidnapping, disappearances,

murder  and other  infliction of  harm upon  the  clergy, lay

                             -24-
                                          24


church  workers  and   others  connected  to   church-related

activities.   It also  contains information regarding similar

violenceagainsthundredsof
                                    othersinvolvedincomparableactivities.

                              V.
                                          V.
                                            

                          CONCLUSION
                                      CONCLUSION
                                                

          Although, for  the reasons  stated, we  believe the

present decision denying eligibility cannot stand, we are not

sufficiently moved to depart from the usual practice and rule

as matter of law.  We remand for further consideration by the

Board.   At the same  time, in all  fairness, we apprise  the

Board  that we have  grave doubts whether  a reasonable fact-

finder making the full study this record calls for could deny

refugee  status  to Cordero.    The  question whether  asylum

should  be  granted   to  Cordero,  assuming  him   to  be  a

statutorily eligible refugee, is a  matter for administrative

determination.

          Remanded.
                              

                             -25-
                                          25