Jagdish Kumar v. Immigration and Naturalization Service

94 F.3d 651 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jagdish KUMAR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70725. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 9, 1996. Decided Aug. 12, 1996. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Jagdish Kumar, 1 a 32-year-old male native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the denial of his applications for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Naturalization Act ("INA"), 8 U.S.C. §§ 1158 (a), 1253(h), and the denial of his request for voluntary departure pursuant to INA § 244(e), 8 U.S.C. § 1254 (e). This Court has jurisdiction under 8 U.S.C. § 1105a. We grant the petition for review, vacate the BIA's decision, and remand this matter to the BIA for further proceedings. I. ASYLUM CLAIM…