Demariz Alvarez-Chavez v. Immigration and Naturalization Service

81 F.3d 167 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Demariz ALVAREZ-CHAVEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70500. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1996. * Decided March 14, 1996. 1 Before: PREGERSON, T.G. NELSON, Circuit Judges, and EZRA, ** District Judge. 2 MEMORANDUM ** 3 Petitioner Demariz Alvarez-Chavez petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying her application for asylum, withholding of deportation, and voluntary departure under Sections 208(a), 243(h) and 244(3) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1158 (a), 1253(h) and 1254(e). We deny the petition. ANALYSIS A. Standard of Review 4 When, as here, the BIA clearly incorporates the IJ's decision and does not perform an independent review of the record, we review the IJ's decision. Alaelua v. INS, 45 F.3d 1379, 1381-82 (9th Cir.1995) We review the factual…