Victor Leonel Herrera v. Immigration and Naturalization Service

77 F.3d 489 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Victor Leonel HERRERA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70244. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Victor Leonel Herrera, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming the order of an immigration judge ("IJ"), denying Herrera's applications for asylum and withholding of deportation under sections 208(a) and 242(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we grant the petition. 3 We review the BIA's factual findings for substantial evidence and we review de novo questions of law regarding the INA. See Singh v. Ilchert ("Ilchert"), 63 F.3d 1501, 1506 (9th…