Lydia Catindoy v. Immigration and Naturalization Service

89 F.3d 844 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lydia CATINDOY, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70376. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 29, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Catindoy is a native and citizen of the Philippines. At her deportation hearing, she conceded deportability but contended that if she were to return to the Phillipines, she would be persecuted by the New People's Army. The Board of Immigration Appeals held that Catindoy is ineligible for either asylum or withholding of deportation. We deny the petition for review. 3 An "alien may be granted asylum in the discretion of the Attorney General if the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A)." 8 U.S.C. § 1158 (a). A refugee is a person who is unwilling to return to her country because "of…