Maria Grannia Ybanez-Abarre v. Immigration and Naturalization Service

82 F.3d 424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Maria Grannia YBANEZ-ABARRE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70326. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1996. Decided April 8, 1996. Before: SCHROEDER, D.W. NELSON, and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 The government's argument that we don't have jurisdiction is meritless. "The authority of a Court of Appeals to recall its mandate is clear." Zipfel v. Halliburton Co., 861 F.2d 565, 567 (9th Cir.1988). When we do recall our mandate, the appeal is reinstated as it was, not refiled. The present appeal was, thus, timely. 3 Having reinstated the appeal, however, we reject petitioner's claim that "the evidence ... presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." INS v. Elias-Zacarias, 502 U.S. 478, 483-484 (1992). As the BIA noted, any force petitioner's claim may…