Yolanda Pelagia Gutierrez-Gutierrez v. Immigration and Naturalization Service

Good Law
988 F.2d 119·1993 WL 45299·1993 U.S. App. LEXIS 10622
United States Court of Appeals for the Ninth CircuitFebruary 23, 199391-70319California348 words

Opinion

Opinion

988 F.2d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Yolanda Pelagia GUTIERREZ-GUTIERREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70319. United States Court of Appeals, Ninth Circuit. Submitted Feb. 1, 1993. * Decided Feb. 23, 1993. Petition to Review a Decision of the Immigration and Naturalization Service, INS No. Ahf-gjg-ssk. BIA REMANDED. Before HUG, FERGUSON and O'SCANNLAIN, Circuit Judges. MEMORANDUM ** Yolanda Pelagia Gutierrez-Gutierrez ("Gutierrez"), a native and citizen of Nicaragua, seeks asylum in the United States or, in the alternative, withholding of deportation. See 8 U.S.C. §§ 1158 (a) & 1253(h). The immigration judge denied the relief requested by Gutierrez and the Board of Immigration Appeals ("BIA") dismissed her subsequent appeal. To support its conclusion that Gutierrez failed to establish a well-founded fear of persecution, the BIA took administrative notice of the change of government in…

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