Rosa Herrera-Garcia v. Immigration and Naturalization Service

985 F.2d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosa HERRERA-GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 90-70659. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1992. Decided Feb. 4, 1993. Petition for Review of an Order of the Board of Immigration Appeals, INS No. Asl-krl-xgu. BIA PETITION GRANTED. Before ALDISERT, * GOODWIN and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 Rosa Herrera-Garcia, a citizen of Nicaragua, applied for asylum under 8 U.S.C. § 1158 (a), withholding of deportation under 8 U.S.C. § 1253 (h), and voluntary departure under 8 U.S.C. § 1254 (e). The immigration judge denied her requests. On appeal the Board of Immigration Appeals ("the Board" or "BIA") took administrative notice of the fact that the Sandinistas had been voted out of power, reasoning that Herrera-Garcia no longer had a well-founded fear of persecution in Nicaragua. It denied her application…