Victor Manuel Hasbani-Araica v. Immigration and Naturalization Service

Good Law
65 F.3d 175·1995 U.S. App. LEXIS 30693
United States Court of Appeals for the Ninth CircuitAugust 22, 199594-70834California409 words

Opinion

Opinion

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Victor Manuel HASBANI-ARAICA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70834. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. Before: ALARCON, FERNANDEZ and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Victor Manuel Hasbani-Araica, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' affirmance of an immigration judge's decision denying his application for asylum and withholding of deportation. The BIA adopted the IJ's decision that Hasbani-Araica failed to demonstrate past persecution or a well-founded fear of future persecution. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a), and we deny the petition for review. 3 Because the BIA clearly incorporated the IJ's decision, we "review the IJ's decision for abuse of discretion." See Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995). "The…

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