Miguel A. Fonseca-Salgado 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Miguel A. FONSECA-SALGADO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70081. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided July 12, 1996. 1 Before: SCHROEDER and HAWKINS, Circuit Judges, and FITZGERALD, ** District Judge. 2 MEMORANDUM *** 3 Miguel Fonseca-Salgado, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming the order of an immigration judge ("IJ") denying his applications for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act ("the Act"), 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition. 4 Fonseca-Salgado contends that the IJ erred by applying the "clear probability" standard to his asylum claim instead of the appropriate "well-founded…