Tomas Soza v. Immigration and Naturalization Service

86 F.3d 1163 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tomas SOZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70915. United States Court of Appeals, Ninth Circuit. Submitted May 15, 1996. * Decided May 23, 1996. Before: ALARCON, BEEZER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Tomas Soza, a native and citizen of Nicaragua, petitions for review of the decision of the Board of Immigration Appeals (BIA), affirming the decision of the Immigration Judge (IJ) and denying his application for asylum and suspension of deportation, pursuant to 8 U.S.C. §§ 1158 (a), 1254(a)(1). 1 We deny the petition for review. 3 * Soza contends that the BIA erred in denying him asylum under 8 U.S.C. § 1158 (a). We disagree. 4 Under § 1158(a), Soza "may be granted asylum in the discretion of the Attorney General" if he is found to be a "refugee" within the meaning of 8 U.S.C. § 1101 (a)(42)(A). That section, in turn, requires that…