Legal Opinion

Melencio Legui Lim v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided August 29, 2000No. 98-70683PublishedCited by 491 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

Petitioner Melencio Legui Lim petitions from the dismissal by the Board of Immigration Appeals (“BIA”) of his appeal from an immigration judge’s (“IJ”) denial of asylum and denial of withholding of deportation. We hold that the BIA erred in denying asylum eligibility, but we affirm the BIA’s denial of withholding of deportation.

BACKGROUND

Melencio Lim entered the United States in August of 1991 and voluntarily approached the INS in September of 1992 to apply for asylum. At his asylum hearing before the IJ, he conceded deportability and testified to the following account.…

2Cases cited32 opinions

  1. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  2. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Bailey v. United StatesSupreme Court of the United States · 1995
  5. Immigration & Naturalization Service v. StevicSupreme Court of the United States · 1984

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3Cited by491 opinions

  1. Shpetim Hoxha v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  2. Alexandru Gui v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
  3. Zhen Hua Li v. Attorney General of the United States Immigration & Naturalization ServiceCourt of Appeals for the Third Circuit · 2005
  4. Santos-Lemus v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. Michael Andrew Gormley Edith Carol Gormley v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

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