Domingo Abad Calero-Gaitan v. Immigration and Naturalization Service

78 F.3d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Domingo Abad CALERO-GAITAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70655. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Domingo Abad Calero-Gaitan, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming the order of an immigration judge denying his applications for asylum and withholding of deportation under sections 208(a) and 243(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 deny the petition. 3 To be eligible for a grant of asylum, an alien must qualify as a "refugee" under section 1101(a)(42)(A) of the INA. Kazlauskas v. INS, 46 F.3d 902, 905 (9th Cir.1995). We review the BIA's…