Rose Maria Rivas, A.K.A. Rosa Rivas-Mejia v. Immigration and Naturalization Service

Good Law
77 F.3d 490·1996 WL 62651·1996 U.S. App. LEXIS 8895
United States Court of Appeals for the Ninth CircuitFebruary 13, 199695-70079California1,271 words

Opinion

Opinion

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rose Maria RIVAS, a.k.a. Rosa Rivas-Mejia, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70079. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1996. * Decided Feb. 13, 1996. 1 Before: WALLACE, Chief Judge, T.G. NELSON, Circuit Judge, and BROWNING, ** District Judge. MEMORANDUM 2 Rivas-Mejia, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' (Board) decision denying her application for asylum and withholding of deportation. The Board exercised jurisdiction pursuant to 8 C.F.R. §§ 3.1 (b)(2), 242.21. We have jurisdiction over this timely application pursuant to 8 U.S.C. § 1105a(a), and we deny the petition. 3 We must uphold the Board's discretionary decision denying asylum if it is supported by reasonable, substantial, and probative evidence in the record. INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992). "It can…

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