Jose Roberto Alvarez-Villalta 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Roberto ALVAREZ-VILLALTA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70897. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 24, 1996. 1 Before: WIGGINS, NORRIS, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** 3 Alvarez-Villalta, a native of Nicaragua, petitions for review of the Board of Immigration Appeal's (BIA) dismissal of an appeal from the Immigration Judge's denial of his application for asylum and withholding of deportation. Alvarez-Villalta argues that the BIA's decision that he lacked a reasonable and well founded fear of persecution upon returning to Nicaragua is unsupported by substantial evidence. He also argues that he has made a sufficient showing of past persecution either to entitle him to a presumption that he has a well founded fear of persecution in the future or to obviate the need for him to…