Florante De Leon Ruth De Leon v. Immigration and Naturalization Service

48 F.3d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Florante DE LEON; Ruth De Leon, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70584. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided Feb. 23, 1995. Petition to Review a Decision of the Immigration and Naturalization Service, I & NS Nos. Aci-gid-xww, Agl-mry-hty. INS REVERSED. Before: BROWNING, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We grant this petition for review of a denial of asylum, because petitioner established a well-founded fear of persecution for political opinion. I. FACTS 3 Florante De Leon and his family 1 seek asylum under 8 U.S.C. Sec. 1158 or, in the alternative, withholding of deportation under 8 U.S.C. Sec. 1253 (h). We reverse the asylum determination, and therefore do not reach the withholding of deportation determination. We conclude that the Board of Immigration Appeals' denial of asylum was not…