Hector Joel Arana-Cabrera v. Immigration & Naturalization Service

Good Law
12 F.3d 1105·1993 U.S. App. LEXIS 36446
United States Court of Appeals for the Ninth CircuitNovember 18, 199392-70371California811 words

Opinion

Opinion

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Joel ARANA-CABRERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70371. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 18, 1993. 1 Before: BROWNING, BEEZER, and TROTT, Circuit Judges 2 MEMORANDUM ** 3 We review the decision of the Board of Immigration Appeals, not that of the immigration judge. Acewicz v. I.N.S., 984 F.2d 1056 , 1059 (9th Cir.1993); Castillo-Villagra v. I.N.S., 972 F.2d 1017, 1023 (9th Cir.1992). If the Board decision is correct, error by the immigration judge is harmless. Rodriquez-Rivera v. I.N.S., 848 F.2d 998, 1002 (9th Cir.1988). We will reverse the Board decision "only if the evidence presented ... was such that a reasonable fact-finder would have to conclude that the requisite fear of persecution existed." I.N.S. v. Elias-Zacarias, 112 S.Ct. 812, 815 (1992). 4 Asylum and withholding of deportation are not governed…

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