## Facts

- A 23-year-old native and citizen of El Salvador entered the United States without inspection on May 18, 1984, and conceded deportability.
- He applied for asylum under INA § 208(a) and withholding of deportation under INA § 243(h).
- The record indicated he aided guerrillas during El Salvador’s civil conflict.
- The key dispute was whether his conduct constituted ordering, inciting, assisting, or otherwise participating in “persecution” of others on account of a protected ground, which would bar asylum and withholding.

## Issues

1. Whether the statutory persecutor bar renders an applicant ineligible for asylum and withholding when the applicant ordered, incited, assisted, or otherwise participated in persecution on account of a protected ground.
2. Whether participation or assistance must be voluntary to trigger the persecutor bar.
3. Whether harm arising as a natural consequence of generalized civil strife qualifies as “persecution” absent intent to harm based on a protected ground.

## Decision

- The BIA held that the persecutor bar applies to both asylum and withholding for any alien who ordered, incited, assisted, or otherwise participated in persecution on account of a protected ground.
- The BIA stated that assistance or participation in persecution need not be voluntary to trigger the bar.
- The BIA concluded that, on this record, any harm attributable to the respondent’s conduct occurred as a natural consequence of generalized civil strife rather than persecution within the statutory meaning.
- The BIA found the immigration judge’s application of the persecutor bar legally erroneous and remanded for further proceedings consistent with the proper standard.

## Legal Principles

- The persecutor bar precludes asylum and withholding for an alien who ordered, incited, assisted, or otherwise participated in persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
- Voluntariness is not required for the persecutor bar to apply; coerced participation may still constitute disqualifying assistance in persecution.
- Membership in an organization that engages in persecution is insufficient by itself to trigger the bar; the alien must engage in conduct (including meaningful inaction) that furthers persecution.
- Violence or harm connected to civil war or generalized conflict is not “persecution” unless there is some degree of intent to inflict harm to overcome a victim’s protected belief or characteristic.

## Conclusion

The BIA clarified that the persecutor bar can apply even to coerced assistance, but it does not cover harm that is merely the byproduct of generalized civil strife without a protected-ground persecutory intent; the case was remanded for reconsideration under these standards.


Matter of Rodriguez-Majano, 19 I. & N. Dec. 811 (B.I.A. 1988)