Jaime Rene Alvarez-Montiel v. Immigration and Naturalization Service

78 F.3d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jaime Rene ALVAREZ-MONTIEL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70080. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 5, 1996. 1 Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges 2 MEMORANDUM ** 3 Jaime Rene Alvarez-Montiel, 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 his application for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition for review. 4 We review the factual findings regarding an applicant's eligibility for asylum under the substantial evidence standard. See Shirazi-Parsa v. INS, 14 F.3d 1424, 1427 (9th…