Rudra Datta, AKA Rudra Sharma 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rudra DATTA, aka Rudra Sharma, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70454. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1994. Decided April 5, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The parties are familiar with the facts so we need not state them here. DISCUSSION 3 A. Denial of Asylum. 4 A well-founded fear of persecution has both objective and subjective components. Cardoza-Fonseca v. INS, 767 F.2d 1448, 1452-53 (9th Cir.1985), aff'd 480 U.S. 421 (1987). The BIA upheld the immigration judge's conclusion that Datta did not have an objective basis for his fear of persecution. In addition to considering the State Department's Advisory Opinion, the immigration judge also considered that Datta's testimony indicated a lack of familiarity with the present government and realities in Fiji. The BIA agreed with…