Alfredo Roblero v. Immigration & Naturalization Service

972 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alfredo ROBLERO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 90-70249. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 24, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Roblero seeks review of the Bureau of Immigration Affairs' ("BIA") decision which affirmed his deportation order entered by the Immigration Judge ("IJ"). Roblero admits the charge of deportability for having entered the United States without inspection by an immigration officer. 8 U.S.C. § 1251 (a)(2) (1988). Nevertheless, he appeals the decision denying him asylum pursuant to 8 U.S.C. § 1158 (a), and denying the withholding of his deportation pursuant to 8 U.S.C. § 1253 (h). He also contends that his due process rights were violated. 3 * The burden of establishing eligibility for asylum is on the applicant. Berroteran-Melendez…