Nicolas Antonio Reyes-Herrera v. Immigration and Naturalization Service

NICOLAS ANTONIO REYES-HERRERA, Petitioner, v. IMMIGRATION &
NATURALIZATION SERVICE, Respondent.
No. 92-70430 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
April 29, 1994, Filed

Prior History:

Original Opinion of January 21, 1994, Reported at: BIA NO. A71 777 883

Disposition:

DENIED.

Judges:

Before: CHOY, TANG, and D.W. NELSON, Circuit Judges.

Opinion:

ORDER The government's petition for rehearing is DENIED. However, the Memoranda decision filed January 21, 1994, is amended as follows: Page 11, line 18, strike sentence reading: "We are compelled to conclude that Reyes-Herrera has sufficiently demonstrated that he would more likely than not be persecuted because of his political opinion if returned to El Salvador." Replace with: "We are compelled to conclude that Reyes-Herrera has sufficiently demonstrated the requisite fear that he would be persecuted because of his political opinion if returned to El Salvador. Elias-Zacarias, 117 L. Ed. 2d 38, 112 S. Ct. 812, 815 (1992)." Page 12, line 11, strike sentence reading: "We conclude that Reyes-Herrera would more likely than not be persecuted if returned to El Salvador, and therefore is eligible for withholding of deportation and, a fortiori, asylum." Replace with: "We conclude that Reyes-Herrera has a reasonable fear of persecution because he would more likely than not be persecuted if returned to El Salvador. Therefore, he is eligible for withholding of deportation, and, a fortiori, asylum." Page 13, line 7, add after sentence ending in "asylum": Id.