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MONTOYA-ULLOA v. I.N.S.

No. 94-70535.

79 F.3d 930 (1996)

Luis Alberto MONTOYA-ULLOA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Milton Dan Kramer, Kramer & Miyashita, San Francisco, California, for petitioner.

Charles E. Pazar and Karen Ann Hunold, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for respondent.

Before: LAY, GOODWIN, and PREGERSON, Circuit Judges.

GOODWIN, Circuit Judge:

Luis Alberto Montoya-Ulloa, a Nicaraguan national, appeals the decision of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum and withholding of deportation. Montoya argues, inter alia, that the evidence compels the conclusion that the Sandinistas persecuted him on account of his political opinion.

An alien seeking asylum based on past persecution must show that he was harmed on account...

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