David Peter Rivas-Salazar v. Immigration and Naturalization Service

81 F.3d 169 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Peter RIVAS-SALAZAR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70779. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1996. * Decided April 3, 1996. 1 BEFORE: HALL and BRUNETTI, Circuit Judges, and WEINER, ** District Judge. 2 MEMORANDUM *** I. 3 David Peter Rivas-Salazar petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from the immigration judge's ("IJ") denial of asylum and withholding of deportation. He challenges the BIA's finding that he failed to demonstrate eligibility for asylum or withholding of deportation as prescribed by Immigration and Nationality Act sections 208(a) and 243(h). II. 4 The burden of proof is on the petitioner to establish eligibility for asylum. INS v. Stevic, 467 U.S. 422 n. 16 (1984). We uphold the BIA's denial of asylum if it is supported by reasonable, substantial, and probative…