Rene Alberto Beltran-Zavala v. Immigration and Naturalization Service

ORDER

The memorandum disposition filed June 5, 1990 is redesignated as a per curiam opinion.

OPINION

Petitioner Rene Alberto Beltran-Zavala petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA decided that Beltran was ineligible for asylum, under Section 208(a) of the Immigration and Nationality Act (“INA”) [ 8 U.S.C. § 1158 (a)], and withholding of deportation, under Section 243(h) of the INA [ 8 U.S.C. § 1253 (h) ]. We grant the petition and remand the case to the BIA for determination of the withholding of deportation claim and for exercise of its discretion on the asylum claim.

FACTS

Beltran is a citizen of El Salvador. He entered this country without inspection in June of 1981. While in this country, Bel-tran was arrested after selling $10 of marijuana to an undercover police officer. Bel-tran pleaded guilty to violating Cal. Health & Safety Code § 11360 (a) (West Supp. 1990). He was sentenced to two years’ probation.

In May 1987, Beltran was arrested for an alleged theft from an automobile. Beltran had his probation revoked. While imprisoned, Beltran received from the Immigration and Naturalization Service (“INS”) an Order to Show…