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AGUILERA-COTA v. U.S. I.N.S.

No. 88-7389.

914 F.2d 1375 (1990)

Roberto Antonio AGUILERA-COTA, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1990.

Attorney(s) appearing for the Case

Rosemary J. Esparza, Los Angeles, Cal., for petitioner.

Robert C. Bonner, U.S. Atty., Frederick M. Brosio, Jr., Asst. U.S. Atty., Chief, Civ. Div., Michael C. Johnson, Sp. Asst. U.S. Atty., Los Angeles, Cal., for respondent.

Before NORRIS, REINHARDT and TROTT, Circuit Judges.

REINHARDT, Circuit Judge:

Roberto Antonio Aguilera-Cota petitions for review of the decision of the Board of Immigration Appeals (the "BIA") holding him ineligible for asylum. We grant the petition for review, reverse the BIA's decision and remand so that the Attorney General may exercise his discretion under section 208(a) of the Refugee Act of 1980, 8 U.S.C. § 1158(a) (1990) (the "Act").

FACTS

Roberto Antonio Aguilera-Cota fled El Salvador...

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