Gustavo A. Saballo-Cortez v. Immigration and Naturalization Service

ALARCON, Circuit Judge:

Gustavo A. Saballo-Cortez (Saballo-Cortez) appeals from the order of the Board of Immigration Appeals (BIA) denying his application for withholding of deportation under 8 U.S.C. § 1253(h) and for asylum under 8 U.S.C. § 1158(a).1

I

Issues On Appeal

Saballo-Cortez raises the following issues in his brief filed with this court.

One. The immigration judge and the BIA should have applied the burden of proof set forth in Stevic v. Sava, 678 F.2d 401 (2d Cir.1982), rev’d, INS v. Stevic, — *1356U.S. —, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984).

Two. The denial of his application was not…