LEIVA-MONTALVO v. I.N.S.

No. 97-71414.

173 F.3d 749 (1999)

Rafael Santos LEIVA-MONTALVO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 22, 1999.


Attorney(s) appearing for the Case

William R. Gardner and Miguel D. Gadda, San Francisco, California, for the petitioner.

Frank W. Hunger, Richard M. Evans and John L. Davis, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent.

Before: KRAVITCH, REINHARDT, and T.G. NELSON, Circuit Judges.


KRAVITCH, Circuit Judge:

Rafael Santos Leiva-Montalvo ("Leiva-Montalvo"), a native and citizen of El Salvador, petitions this court for review of a final order of the Board of Immigration Appeals ("BIA") dismissing his appeal of the Immigration Judge ("IJ")'s denial of his application for asylum and withholding of deportation. We grant the petition for review.

We must uphold the BIA's determination that an alien is not eligible for asylum or entitled to withholding...

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