Abaya

MEMORANDUM *

Petitioner Violeto Pagaduan Abaya seeks review of a BIA order denying him political asylum, withholding of deportation and voluntary departure under sections 208(a), 243(h), and 244(e) of the INA. We have jurisdiction pursuant to former § 106(a) of the INA, 8 U.S.C. § 1105a(a) (1998), and we grant review.

We generally review denial of political asylum for abuse of discretion. See Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995). In this case, however, because that denial was based on the BIA’s determination that Abaya’s military activity did not constitute expression of a “political opinion” within the meaning of the statute, we review de novo for legal error. See Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995) (“This court reviews questions of law regarding the INA under the *851 ... de novo standard.”). We owe the BIA, as the agency delegated authority to administer the INA, Chevron deference in this review, limited to the question whether “the statute is silent or ambiguous with respect to the specific issue” before it, and if so, whether its conclusion was based on “a permissible construction of the statute.” INS v. Aguirre-Aguirre, 526 U.S. 415, 424 ,…