Nicolas Antonio Reyes-Herrera v. Immigration & Naturalization Service

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nicolas Antonio REYES-HERRERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70430. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 10, 1993. Decided Jan. 21, 1994. As Amended on Denial of Rehearing April 29, 1994. Before: CHOY, TANG, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Nicolas Antonio Reyes-Herrera petitions this court for review of the Board of Immigration Appeals' ("BIA") decision upholding the Immigration Judge's denial of asylum and withholding of deportation under 8 U.S.C. Secs. 1158 (a), 1253(h) (1988). We have jurisdiction under 8 U.S.C. Sec. 1105 (a). We reverse the BIA's decision, and conclude that Reyes-Herrera is eligible for withholding of deportation, and a fortiori, asylum. I. Factual and Procedural Background 3 Reyes-Herrera is a twenty-eight year old citizen of El Salvador from the town of Maferre. He lived with his brothers and…