Carlos Flores-Yeffel v. Immigration and Naturalization Service

87 F.3d 1318 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos FLORES-YEFFEL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70051. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Flores-Yeffel ("Flores-Yeffel"), a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming the immigration judge's ("IJ") order denying his application for asylum under section 208(a) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1158 (a). 1 We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and grant the petition. 3 We review the factual determinations underlying the BIA's decision for "substantial evidence" and the BIA's decision should not be reversed absent compelling evidence of persecution. Kotasz v. INS, 31 F.3d 847, 851 (9th Cir.1994).…