Harsh Kumar v. Immigration & Naturalization Service

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harsh KUMAR, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70795. United States Court of Appeals, Ninth Circuit. Submitted March 17, 1995. * Decided April 24, 1995. Before: NORRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Petitioner, Harsh Kumar, admitted before an Immigration Judge ("IJ"), that he was deportable under Section 241(a)(1)(B) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. Sec. 1251 , for having entered the United States without inspection. He then filed applications for asylum, (Section 208 of the Act, 8 U.S.C. Sec. 1158 (a)), withholding of deportation, (Section 243(h), 8 U.S.C. Sec. 1253 (h)), and voluntary departure (Section 244(e), 8 U.S.C. Sec. 1254 (e)). 3 On February 12, 1993, the IJ conducted a hearing on Kumar's applications. At the hearing, Kumar testified that he is from the state of Punjab, India, a state rife with…