Jose N. Soto-Gutierrez v. Immigration and Naturalization Service

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose N. SOTO-GUTIERREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70052. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1996. * Decided March 25, 1996. 1 Before: CHOY, SNEED, and FERGUSON Circuit Judges. 2 MEMORANDUM ** 3 Jose Soto-Gutierrez, a Nicaraguan citizen, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from an immigration judge's decision finding him deportable as charged and denying his applications for asylum and witholding of deportation. Soto-Gutierrez contends his desertion from the Ministry of the Interior and the limitations placed on his food ration card amount either to persecution or provide a well-founded fear of persecution entitling him to asylum. 4 The decision of the BIA is affirmed. Soto-Gutierrez did not present any evidence of past persecution because of a proscribed reason. See Desir v. Ilchert,…