Wlodzimierz Kurylowicz v. Immigration and Naturalization Service

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wlodzimierz KURYLOWICZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70496. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1995. * Decided Dec. 4, 1995. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 The BIA did not set out its own independent analysis of the facts, so we have reviewed both its decision and the IJ's. Castillo v. INS, 951 F.2d 1117, 1120 (9th Cir.1991); Capos-Granillo v. INS, 12 F.3d 849, 852 (9th Cir.1993). We review to determine whether there was substantial evidence on the whole record to support the decision, Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993). To prevail on a petition for withholding of deportation, an alien must "establish a clear probability of persecution to avoid deportation" under 8 U.S.C. Sec. 1253 (h). INS v. Stevic, 104 S.Ct. 2489, 2492 (1984). To be eligible for asylum under 8 U.S.C. 1158(a),…