Michael Babatunde Ajayi v. Immigration & Naturalization Service

28 F.3d 104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Babatunde AJAYI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70789. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1994. Decided July 13, 1994. Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Petitioner Michael Babatunde Ajayi ("petitioner") appeals from a decision of the Board of Immigration Appeals ("Board" or "BIA") denying his application for discretionary grant of asylum pursuant to 8 U.S.C. Sec. 1158 (a), and declining to address his withholding of deportation claim. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a, and we affirm. BACKGROUND 3 On March 24, 1989, the Immigration and Naturalization Service ("INS") issued an Order to Show Cause charging that petitioner, a Nigerian native, was subject to deportation. At his deportation hearing in August, 1989, petitioner applied for asylum and withholding of…