107 F.3d 16 (9th Cir. 1997), 95-70742, Orellana v. I.N.S.

Docket Nº:95-70742.
Citation:107 F.3d 16
Party Name:Jose Enrique ORELLANA, Petitioner v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:February 07, 1997
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 16

107 F.3d 16 (9th Cir. 1997)

Jose Enrique ORELLANA, Petitioner



No. 95-70742.

United States Court of Appeals, Ninth Circuit

February 7, 1997

Submitted February 3, 1997. [*]

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Petition to Review a Decision of the Board of Immigration Appeals, No. A94-211-031.



Before: BEEZER and KOZINSKI, Circuit Judges, and SHUBB, [**] District Judge.


Jose Enrique Orellana, a citizen of El Salvador, petitions to review the decision of the Board of Immigration Appeals ("BIA") denying his petition for asylum and withholding of deportation. Orellana also petitions to review the BIA's order denying the reopening of deportation proceedings. We deny both petitions.

I. Factual and Procedural Background

Orellana is a twenty-four year old citizen of El Salvador. He came to the United States in 1982 when he was ten years old. On November 22, 1993, the Immigration and Naturalization Service ("INS") instituted deportation proceedings against him. Orellana conceded he was deportable as an alien who had entered the United Stated without inspection, but requested asylum and withholding of deportation pursuant to 8 U.S.C. §§ 1158(a) and 1253(h). On November 10, 1994, an Immigration Judge ("IJ") denied both requests.

Orellana appealed the IJ's decision to the BIA. He also asked the BIA to reopen deportation proceedings before the IJ to allow him to pursue an adjustment of status application based on his marriage to a United States Citizen. The BIA dismissed the appeal, and denied Orellana's request to reopen deportation proceedings. Orellana timely petitioned this court for review pursuant to 8 U.S.C. § 1105a(a).

II. Discussion

1. Asylum and Withholding of Deportation

We review the factual determinations underlying the BIA's denial of asylum and withholding of deportation for substantial evidence. I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 (1992). The BIA's determination that an alien is ineligible for asylum must be upheld if "supported by reasonable, substantial, and probative evidence on the record considered as a whole." Id. We will reverse...

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