Auxiliadora Pichardo v. Immigration and Naturalization Service

85 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Auxiliadora PICHARDO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70541. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1995. Decided May 9, 1996. Before: BOOCHEVER and REINHARDT, Circuit Judges, and KING, District Judge. * MEMORANDUM ** Auxiliadora Pichardo, a native and citizen of Nicaragua, petitions this court for review of a final order of the Board of Immigration Appeals ("BIA or "Board") affirming an immigration judge's order denying her request for asylum and withholding of deportation. We conclude that the immigration judge failed to consider an applicable presumption in reaching his determination that Pichardo did not establish eligibility for asylum. Accordingly, we vacate the Board's decision and remand this case so that the immigration judge may reconsider the question whether Pichardo is eligible for asylum under the proper standard and if…