Tarfa Saladin Momoh v. Immigration and Naturalization Service

12 F.3d 1107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tarfa Saladin MOMOH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70235. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1993. Decided Dec. 2, 1993. Before: HUG, FARRIS, BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 We have carefully reviewed the record. The BIA failed to indicate reasons for rejecting Momoh's compelling evidence that he has a well-founded fear of persecution. It found Momoh to be a creditable witness. Momoh's factual allegations are not refuted by any evidence in the record. We recognize that the alien seeking asylum under section 208(a) of 8 USC Sec. 1158 (a) "must demonstrate that he ... is unable to return to his country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion." Castillo v. INS, 951 F.2d 1111, 1121 (9th Cir.). The…