Francisco Fernandez-Jaramillo v. Immigration and Naturalization Service

Good Law
2 F.3d 1156·1993 U.S. App. LEXIS 28271
United States Court of Appeals for the Ninth CircuitJuly 8, 199391-70701California1,128 words

Opinion

Opinion

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francisco FERNANDEZ-JARAMILLO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70701. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1993. Decided July 8, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 The Immigration Judge held that Francisco Fernandez-Jaramillo did not have a well-founded fear of persecution. He also held that Fernandez-Jaramillo was ineligible for asylum because he had resettled in Panama before coming to the United States. The BIA dismissed Fernandez-Jaramillo's appeal. 3 We affirm. I. IMMIGRATION JUDGE'S CREDIBILITY FINDING 4 The Immigration Judge found that Fernandez-Jaramillo's testimony was not credible. Fernandez-Jaramillo argues that the court should remand to the BIA to review the Immigration Judge's credibility determination. However, such review is unnecessary, because the BIA assumed the truth of…

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