Nelson Suarez-Aviles v. Immigration and Naturalization Service

988 F.2d 122 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nelson SUAREZ-AVILES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70142. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1992. * Decided Feb. 10, 1993. 1 Petition to Review a Decision of the Immigration and Naturalization Service; No. Ank-smy-ukl. 2 I.N.S. 3 PETITION GRANTED. 4 Before GOODWIN and FLETCHER, Circuit Judges, and HUFF, ** District Judge. 5 MEMORANDUM *** 6 Nelson Suarez-Aviles ("Suarez-Aviles") 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 Suarez-Aviles' 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 Suarez-Aviles no longer had a well-founded fear of…