Bobak Bootorabi v. Immigration and Naturalization Service

24 F.3d 244 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bobak BOOTORABI, Petitioner v. IMMIGRATION AND NATURALIZATION SERVICE Respondent. No. 92-70831. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided May 12, 1994. 1 Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, ** District Judge. 2 MEMORANDUM *** 3 Bobak Bootorabi challenges the Board of Immigration Appeals' ("BIA") denial of his application for asylum and withholding of deportation. We deny Bootorabi's petition. 4 * Bootorabi first argues that the BIA erred by failing to explicitly state that it was applying the "well-founded fear" of persecution standard in deciding the asylum question. 5 We have held that the "clear probability" of persecution test for withholding of deportation and the "well-founded fear" test for granting asylum are different and that the BIA must distinguish between them. Corado Rodriguez v. INS, 841 F.2d 865, 869-70 (9th Cir.1987). Bootorabi claims the BIA…