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MONTECINO v. I.N.S.

No. 89-70008.

915 F.2d 518 (1990)

Jose Benedicto MONTECINO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1990.

Attorney(s) appearing for the Case

Marvin E. Krakow, Los Angeles, Cal., for petitioner.

John R. Bolton, Asst. Atty. Gen., Civ. Div., Richard M. Evans, Asst. Director, Office of Immigration Litigation, and Alice M. Smith, Office of Immigration Litigation, Washington, D.C., for respondent.

Before BROWNING, NOONAN and FERNANDEZ, Circuit Judges.

NOONAN, Circuit Judge:

Jose Benedicto Montecino-Reyes appeals from the denial from the Board of Immigration Appeals (the Board) of his petition for withholding of deportation and grant of political asylum. We reverse and remand.

FACTS

Montecino, born on September 4, 1962, was a resident of Canton Caulotillo Jurisdiction El Camon, La Union, El Salvador. In 1982 he served as a soldier in the army of El Salvador. At the end of the year in September...

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