Carlos Alberto Mayorga v. Immigration and Naturalization Service

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos Alberto MAYORGA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70684. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1996. * Decided Jan. 12, 1996. Before: LAY, ** CHOY and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 Carlos Alberto Mayorga, a native and citizen of Nicaragua, appeals the order of dismissal by the Board of Immigration Appeals (BIA) adopting the decision of the immigration judge, which denied his request for asylum and withholding of deportation. 1 Both parties agree the grant of asylum is discretionary and the standard for review by this court is one of abuse of discretion. We review the factual findings underlying the determinations under the "substantial evidence" standard. See, e.g., Ghebllawi v. INS, 28 F.3d 83, 85-86 (9th Cir.1994). 3 Mayorga suggests he reasonably fears persecution because he is a former member of Somoza's Liberal Party…