Thanya Avellan Joaquin A. Avellan 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thanya AVELLAN; Joaquin A. Avellan, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70016. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. 1 Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges 2 MEMORANDUM ** 3 Thanya Avellan and her son Joaquin, both natives and citizens of Nicaragua, petition for review of the Board of Immigration Appeals' ("BIA") decision affirming the order of an immigration judge ("IJ"), denying their applications for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. Secs. 1158 (a) and 1253(h), and granting voluntary departure. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a), and we deny the petition. 4 Because the BIA clearly incorporated the IJ's decision, "we treat the IJ's statement of reasons as the BIA's and review the…