Oscar Antonio Gomez-Cruz v. Immigration and Naturalization Service

67 F.3d 306 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Oscar Antonio GOMEZ-CRUZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70180. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 29, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Oscar Antonio Gomez-Cruz, a native and citizen of Nicaragua, petitions for review of the decision of the Board of Immigration Appeals ("BIA") affirming the order of an immigration judge ("IJ"), denying his requests for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. Secs. 1158 (a), 1253(h). We have jurisdiction pursuant to 8 U.S.C. Sec. 1105 (a) and deny the petition for review. 3 Because the BIA clearly incorporated the IJ's decision, we treat the IJ's statement of reasons as the BIA's and review the IJ's decision along with the BIA's decision. See Alaelua v. INS,…