Keshwa Joseph v. Immigration & Naturalization Service

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Keshwa JOSEPH, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70778. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1994. Decided Jan. 3, 1995. Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Keshwa Joseph, an ethnic Indian citizen of Fiji, petitions for review of a ruling of the Board of Immigration Appeals ("Board") affirming the Immigration Judge's ("IJ") denial of his application for asylum and withholding of deportation. The Board concluded that Joseph had failed to establish either past persecution or a well-founded fear of future persecution. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a). Because we find the Board erred in taking administrative notice of a country report without notice to Joseph, we grant the petition for review and remand to the Board. 3 * Joseph entered the United States in January…