Mohinesh Dutt Vimlesh Dutt, Bimla Wati Dutt Muneshwar Dutt v. Immigration & Naturalization Service

21 F.3d 1112 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mohinesh DUTT; Vimlesh Dutt, Bimla Wati Dutt; Muneshwar Dutt, Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70585. United States Court of Appeals, Ninth Circuit. Submitted Feb. 8, 1994. * Decided April 5, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Muneshwar Dutt 1 (Dutt) appeals the Board of Immigration Appeals' (BIA) denial of asylum. The parties are familiar with the facts so we need not restate them here. DISCUSSION 3 A. Incorrect Legal Standard. 4 Dutt argues the BIA applied an incorrect legal standard when reviewing the Immigration Judge's (IJ) decision. During his hearing, Dutt stated that he did not fear persecution when he left Fiji. Based on this statement, the BIA could conclude he did not have the subjective fear of persecution necessary to establish a well-founded fear of persecution at the time he left Fiji. If he now has a…