Jose Ramon Diaz-Montiel, Luis Javier Diaz-Aguirre v. Immigration and Naturalization Service

66 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Ramon DIAZ-MONTIEL, Luis Javier Diaz-Aguirre, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70922. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1995. * Decided Sept. 13, 1995. 1 Before: HALL and LEAVY, Circuit Judges, and HOGAN, ** Chief District Judge. 2 MEMORANDUM *** 3 Jose Ramon Diaz-Aguirre and his son Luis Javier Diaz-Montiel, natives and citizens of Nicaragua, were originally ordered deported on October 19, 1989. They petition for review of the Board of Immigration Appeals' ("BIA") dismissal of their appeal from an immigration judge's ("IJ") decision finding them deportable as charged and denying their applications for asylum, 8 U.S.C. Sec. 1158 (a), and withholding of deportation, 8 U.S.C. Sec. 1253 (h). For the reasons that follow, the Diazes' Petition For Review is denied. 4 * The Diazes first argue that the BIA erred when it applied Acewicz v. INS,…