Ernesto Molina-Rocha v. Immigration and Naturalization Service

79 F.3d 1153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernesto MOLINA-ROCHA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70799. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1996. * Decided March 18, 1996. 1 Before: HALL and BRUNETTI, Circuit Judges, and WEINER, ** District Judge. 2 MEMORANDUM *** 3 Ernesto Molina-Rocha petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal and denying his motion to reopen proceedings. The BIA dismissed his appeal from the denial of his claims for asylum under section 208 of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1158 (a), and for withholding of deportation under INA § 243(h), 8 U.S.C. § 1253 (h)(1), on the grounds that Molina had failed to establish a well-founded fear of persecution in Nicaragua. See 8 U.S.C. § 1101 (a)(42)(A). The BIA denied Molina's motion to reopen under 8 C.F.R. §§ 3.2…