Pedro Rafael Guadamuz v. Immigration & Naturalization Service

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Pedro Rafael GUADAMUZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70808. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1995. Decided Feb. 23, 1995. Petition for Review of a Decision of the Board of Immigration Appeals, INS No. Aon-tds-jxr. BIA PETITION DENIED. Before: HUG, FARRIS, and POOLE, Circuit Judges. 1 MEMORANDUM * I. 2 Under 8 U.S.C. Sec. 1158 (a), the Attorney General has discretion to grant an alien political asylum if the alien qualifies as a "refugee." Section 1101(a)(42)(A) defines a refugee as any person outside of his native country who is unwilling to return because of "a well-founded fear of persecution on account of ... political opinion." The Ninth Circuit has held that the well-founded fear standard has a subjective component and an objective component. Guadamuz has satisfied the subjective component with credible testimony that…