Ion Capusan Ana Capusan v. Richard C. Smith, District Director, U.S. Immigration and Naturalization Service

9 F.3d 1550 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ion CAPUSAN; Ana Capusan, Petitioners-Appellants, v. Richard C. SMITH, District Director, U.S. Immigration and Naturalization Service, Respondent-Appellee. No. 92-35379. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1993. * Decided Nov. 9, 1993. Before: TANG, FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Ion and Ana Capusan, natives and citizens of Romania, appeal the district court's denial of their petition for habeas corpus challenging the decision of the Board of Immigration Appeals. With one member dissenting, the Board upheld the order of the Immigration Judge ("IJ"), finding the Capusans excludable and ineligible for asylum or withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1158 (a), 1253(h). The issue before us is whether the Board erred in finding that the Capusans failed to establish a…