Michael Babatunde Ajayi v. Immigration & Naturalization Service.

962 F.2d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Babatunde AJAYI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE. Respondent. No. 90-70242. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1992. * Decided May 5, 1992. Before FLETCHER, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Michael Ajayi, a Nigerian national, seeks review of the Board of Immigration Appeals' (BIA) dismissal of his appeal from the Immigration Judge's (IJ) denial of his application for asylum and withholding of deportation. The IJ found that Ajayi failed to demonstrate a "well-founded fear of persecution" and therefore did not meet the statutory definition of refugee under 8 U.S.C. § 1101 (a)(42)(A). The IJ also held that even if Ajayi had demonstrated that he was a refugee and therefore eligible for asylum, she would decline to exercise her discretion to grant him asylum under 8 U.S.C. § 1158 (a). 3 We reverse and remand to the BIA…