Ernesto Jose Hernandez-Garcia v. Immigration and Naturalization Service

85 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernesto Jose HERNANDEZ-GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70836. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided May 8, 1996. 1 Before: NORRIS and WIGGINS, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** 3 Ernesto Jose Hernandez-Garcia petitions for review of a decision of the Board of Immigration Appeals denying his application for asylum under 8 U.S.C. § 1158 (a) and withholding of deportation under 8 U.S.C. § 1253 (h). 4 The Board of Immigration Appeals denied his application on the ground that he failed to establish that he had a well-founded fear of persecution if he returned to Nicaragua, in light of the fact that a coalition government succeeded the Sandinista Party on April 25, 1990. Hernandez-Garcia challenges the BIA's findings in two respects. 5 First, he argues that the BIA erred in its evaluation…