Rosa Delmy Hernandez v. Immigration and Naturalization Service

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosa Delmy HERNANDEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70151. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Rosa Delmy Hernandez petitions for review of the Board of Immigrations Appeals' (BIA) order affirming the Immigration Judge's denial of her request for withholding of deportation and asylum. Hernandez concedes that she is deportable, but contends that she has established the requisite fear of persecution. We have jurisdiction under 8 U.S.C. Sec. 1105a(a) and deny the petition. 3 A petitioner is entitled to mandatory withholding of deportation under 8 U.S.C. Sec. 1253 (h)(1) if she shows a clear probability that she would be persecuted upon return. Estrada-Posadas v. United States INS, 924 F.2d 916, 920 (9th Cir.1991). A petitioner is entitled to…