Arthur S. Serwano, Sarah N. Serwano, Priscilla C. Serwano v. Immigration and Naturalization Service

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arthur S. SERWANO, Petitioner, Sarah N. Serwano, Petitioner, Priscilla C. Serwano, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70177. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 31, 1993. Decided Nov. 16, 1993. Before: CHOY, D.W. NELSON, and NORRIS, Circuit Judges MEMORANDUM * Arthur Serwano petitions for review of the Board of Immigrations Appeals' ("BIA") determination that he and his family are not eligible for asylum under Immigration and Naturalization Act Sec. 208(a) and are not entitled to withholding of deportation under INA Sec. 243(h). We grant the petition for review and hold that the BIA's decision is both unsupported by substantial evidence on the record as a whole and legally erroneous. Accordingly, we reverse the BIA's rejection of the Serwano's application for asylum and remand for the Attorney General to exercise her discretion. We also…