Jose Rolando Munoz-Lezcano v. Immigration and Naturalization Service

Good Law
89 F.3d 846·1996 U.S. App. LEXIS 34813
United States Court of Appeals for the Ninth CircuitJune 27, 199695-70184California373 words

Opinion

Opinion

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Rolando MUNOZ-LEZCANO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70184. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1996. Decided June 27, 1996. Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, District Judge. * MEMORANDUM ** Petitioner contends that the BIA's conclusion that he did not establish past persecution is not supported by substantial evidence. It is not at all clear from the BIA's opinion, however, whether it considered petitioner's claim of past persecution. 1 Indeed, the government contends that the BIA did not address the issue. Because we are unable to engage in meaningful judicial review of the BIA's decision, we grant the petition and remand so that the BIA may make the grounds for its decision clear. See Cardoza-Fonseca v. INS, 767 F.2d 1448, 1455 (9th Cir.1985) (stating that "in order for us properly to review the…

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