Bernardo Mayorga-Garcia 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bernardo MAYORGA-GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70036. United States Court of Appeals, Ninth Circuit. Submitted June 13, 1996. * Decided July 19, 1996. Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, District Judge. ** MEMORANDUM *** Bernardo Mayorga-Garcia, a native and citizen of Nicaragua, petitions this court for review of a final order of the Board of Immigration Appeals ("BIA" or "Board") denying his request for asylum and withholding of deportation. We conclude that the Board erred in failing to apply a legally mandated presumption. Accordingly, we remand so that the BIA may review the case under the proper legal standard. Mayorga entered the United States without inspection near Brownsville, Texas, on or about January 28, 1990. In an Order to Show Cause, dated January 29, 1990, the INS charged that Mayorga was deportable under § 241(a)(2) of…