Hector Gamaliel Briceno-Balmaceda v. Immigration and Naturalization Service

83 F.3d 426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Gamaliel BRICENO-BALMACEDA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70821. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1996. * Decided April 23, 1996. 1 Before: BROWNING and NOONAN, Circuit Judges, and MERHIGE, ** Senior District Judge. 2 MEMORANDUM *** 3 * This court has jurisdiction over Briceno's claim that his six-month stay with a Contra unit would "place him at grave risk" should he be returned to Nicaragua. Although Briceno's asylum application made no mention of the Contra issue, the IJ heard testimony regarding Briceno's stay with the Contras and took it into consideration in her decision. Because Briceno's Contra evidence was presented to the IJ and was reviewed by the BIA, he has exhausted his administrative remedies, as he was required to do before seeking review by this court. See 8 U.S.C. § 1105a(c); Rashtabadi v. INS, 23 F.3d 1562,…