Leonardo Jose Molina-Morena v. Immigration and Naturalization Service

91 F.3d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leonardo Jose MOLINA-MORENA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70023. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1996. * Decided July 8, 1996. Before: FARRIS, FERNANDEZ and THOMAS, Circuit Judges. 1 MEMORANDUM ** INTRODUCTION 2 Leonardo Jose Molina-Morena, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' (BIA) dismissal of his appeal from an Immigration Judge's (IJ) order finding him deportable and denying his application for asylum and withholding of deportation. We grant Molina's petition for review and his request for withholding of deportation. DISCUSSION A. Asylum 3 The INA gives the Attorney General discretion to grant asylum to an alien who is a refugee. 8 U.S.C. § 1158 (a). In order to qualify as a refugee under the INA, an applicant for asylum must demonstrate either (1) past persecution, or (2)…