Freddy Jose Briceno-Victor v. Immigration and Naturalization Service

985 F.2d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Freddy Jose BRICENO-VICTOR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 90-70623. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1993. * Decided Feb. 3, 1993. Petition to Review a Decision of the Immigration and Naturalization Service, INS No. Aad-kco-dlq. BIA PETITION GRANTED. Before: ALDISERT, ** GOODWIN and FLETCHER, Circuit Judges. 1 MEMORANDUM *** 2 Freddy Jose Briceno-Victor ("Briceno-Victor") applied for asylum in the United States or, alternatively, for withholding of deportation, contending that he would be persecuted if returned to Nicaragua. See 8 U.S.C. §§ 1158 (a) & 1253(h). The immigration judge denied Briceno-Victor's request. On appeal, the Board of Immigration Appeals ("BIA") took administrative notice of the fact that the Sandinistas had been voted out of power, reasoning that Briceno-Victor no longer had a well-founded fear of…