J.M. ALVARADO, 27 I. & N. Dec. 27

Respondent served in the Salvadoran National Guard (1981–1984) during the civil war and joined to earn money.
While serving he detained a person and delivered the detainee to superiors; he stood guard and provided security during interrogation.
The respondent knew his superiors severely mistreated the detainee (including needle torture) and that the mistreatment targeted the detainee’s political opinion.
Immigration Judge (IJ) granted NACARA special rule cancellation of removal, finding respondent lacked persecutory intent and thus was not barred under the persecutor bar (8 U.S.C. § 1231(b)(3)(B)(i)).
DHS appealed, arguing the persecutor bar applies regardless of the aider’s personal motive when the underlying persecutors acted "because of" a protected ground.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the persecutor bar applies when an alien assisted persecution but lacked persecutory motive	Respondent: his personal motive (financial, conscription) negates application of the persecutor bar	DHS: persecutor bar applies if the persecution occurred because of a protected ground and the alien assisted, regardless of the alien’s motive	The Board held the persecutor bar applies; alien’s personal motive is irrelevant when underlying persecutors acted because of a protected ground

Castañeda-Castillo v. Gonzales, 488 F.3d 17 (1st Cir. 2007) (requires prior or contemporaneous knowledge for persecutor-bar analysis)
Bah v. Ashcroft, 341 F.3d 348 (5th Cir. 2003) (persecutor bar applies regardless of aider’s personal intent; focus on persecutors’ motive)
K Mart Corp. v. Cartier, Inc., 486 U.S. 281 (1988) (statutory text controls when unambiguous)
Maikovskis v. INS, 773 F.2d 435 (2d Cir. 1985) (assistance in persecution subjects aider to immigration consequences even without shared motive)
Negusie v. Holder, 555 U.S. 511 (2009) (addressing standards for participation in persecution and related precedents)