Kulwinder Singh Wraich v. Thomas Schiltgen Immigration and Naturalization Service

92 F.3d 1195 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kulwinder Singh WRAICH, Petitioner-Appellant, v. Thomas SCHILTGEN; Immigration and Naturalization Service, Respondents-Appellees. No. 95-16308. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided July 23, 1996. 1 Before: O'SCANNLAIN and LEAVY, Circuit Judges; HUFF, ** District Judge. 2 MEMORANDUM *** 3 Kulwinder Singh Wraich, a 33-year-old native and citizen of India and a practitioner of the Sikh religion, appeals the district court's denial of his 8 U.S.C. § 1105a(b) habeas petition, which challenges the Board of Immigration Appeals' ("BIA") dismissal of his appeal from an Immigration Judge's ("IJ") decision finding him excludable as charged and denying his applications for asylum and withholding of deportation pursuant to 8 U.S.C. §§ 1158 (a) & 1253(h). 4 * Under 8 U.S.C. § 1158 (a), the Attorney General has discretion to grant an alien asylum if the alien…