Gheorhge Balaesh Elena Balaesh Delia Daniela Balaesh George Victor Balaesh v. Immigration and Naturalization Service

67 F.3d 305 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gheorhge BALAESH; Elena Balaesh; Delia Daniela Balaesh; George Victor Balaesh, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70069. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1995. Decided Sept. 27, 1995. Before: SCHROEDER, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Gheorghe Balaesh, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals' affirmance of the immigration judge's decision denying his application for asylum pursuant to 8 U.S.C. Sec. 1158 (a) and for withholding of deportation pursuant to 8 U.S.C. Sec. 1253 (h). We deny the petition. DISCUSSION 3 Under Section 208(a) of the Immigration and Nationality Act, the Attorney General has discretion to grant asylum to an alien qualifying as a "refugee." 8 U.S.C. Sec. 1158 (a). A refugee is a person who is unable or unwilling to return to his…