Reynaldo Enrique Ubeda-Olivas Johany Herrera De Ubeda v. Immigration and Naturalization Service

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Reynaldo Enrique UBEDA-OLIVAS; Johany Herrera de Ubeda, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70601. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1996. Decided March 12, 1996. Before: SNEED, PREGERSON, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Mr. Ubeda argues that the Board applied an erroneous legal standard, that "it would have been incumbent upon him to show evidence that someone similarly situated has suffered persecution since the change of government in Nicaragua." 1 It might well be erroneous to require such a showing, as a matter of law, to establish that a fear was well-founded. We do not decide, however, whether the Board's statement amounts to an erroneous statement of law, because we do not think the BIA intended it as a legal criterion for asylum cases. Rather, as we read the BIA decision, the challenged statement was part of…