Jose Donald Sarria-Sibaja v. Immigration and Naturalization Service

ORDER

The memorandum disposition filed March 17, 1993, is redesignated as per curiam opinion.

Donald Jose Sarria-Sibaja (“Sarria-Siba-ja”) 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 Sarria-Sibaja’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 Sarria-Sibaja no longer had a well-founded fear of persecution in Nicaragua, the BIA denied his application and ordered him deported.

We have jurisdiction to hear this appeal under 8 U.S.C. § 1105a(a)(1). Because the BIA improperly took administrative notice of the change in government in Nicaragua without providing Sarria-Sibaja an opportunity to show cause why notice should not be taken or to supplement the record by further evidence, we grant the petition for review.

Sarria-Sibaja testified at his hearing before the immigration judge as follows: Although he had participated in Sandinista activities when they first came to power, he grew…