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CHANCHAVAC v. I.N.S.

No. 98-71195.

207 F.3d 584 (2000)

Benito Eusebio CHANCHAVAC, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2000.

As Amended on Denial of Rehearing June 9, 2000.

Attorney(s) appearing for the Case

Joaquin Talleda, Pasadena, California, for the petitioner.

Marion E. Guyton, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: PREGERSON, NOONAN, and O'SCANNLAIN, Circuit Judges.

Opinion by Judge PREGERSON; Dissent by Judge O'SCANNLAIN.

PREGERSON, Circuit Judge:

Benito Eusebio Chanchavac is a citizen of Guatemala and a Quiche Mayan Indian. He petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the Immigration Judge's denial of his application for asylum and withholding of deportation. The Immigration Judge found that Chanchavac's testimony was not credible and denied his application on that basis...

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