Tilahun Lemma v. Immigration & Naturalization Service

43 F.3d 1479 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tilahun LEMMA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70695. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1994. * Decided Dec. 15, 1994. Before: LAY, ** TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Tilahun Lemma, a citizen of Ethiopia, had his applications for asylum under 8 U.S.C. Sec. 1158 (a) and for withholding of deportation under 8 U.S.C. Sec. 1253 (h) denied by an immigration judge (IJ). The Board of Immigration Appeals (BIA) dismissed his appeal. The IJ and the BIA based their decisions on the finding Lemma's testimony was not fully credible. 3 Lemma appeals the BIA's decision on two grounds. First, Lemma argues the BIA abused its discretion by determining he was not credible. Second, Lemma argues the BIA abused its discretion in declining to consider his request for asylum on the basis of past persecution. In the event he prevails,…