Genaro Catalino A.K.A. Genaro Catalino Valle-Rojo A.K.A. Genaro Catalino Valle-Aranubia v. Immigration and Naturalization Service

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Genaro CATALINO a.k.a. Genaro Catalino Valle-Rojo a.k.a. Genaro Catalino Valle-Aranubia, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70842. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. Decided July 29, 1996. Before: REINHARDT, KOZINSKI and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 The immigration judge rejected petitioner's application for asylum and withholding of deportation principally because he failed to prove he was the man who, according to a document he submitted, had been incarcerated in Nicaragua; the BIA adopted the IJ's decision. At oral argument, the INS essentially conceded that, were petitioner in fact the man who was imprisoned, he would be eligible for asylum or withholding of deportation. Petitioner's eligibility for asylum and his entitlement to withholding turns, therefore, entirely on whether he is the former prisoner. This can…