Legal Opinion

Jose Benedicto Montecino v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided September 28, 1990No. 89-70008PublishedCited by 60 opinions

1Opinion of the Court

NOONAN, Circuit Judge:

Jose Benedicto Montecino-Reyes appeals from the denial from the Board of Immigration Appeals (the Board) of his petition for withholding of deportation and grant of political asylum. We reverse and remand.

FACTS

Montecino, born on September 4, 1962, was a resident of Canton Caulotillo Jurisdiction El Camón, La Union, El Salvador. In 1982 he served as a soldier in the army of El Salvador. At the end of the year in September 1983 — with or without permission, the evidence is ambiguous — he left the army and returned to his parents’ home in the small village in which they…

2Cases cited2 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987

3Cited by60 opinions

  1. Selamawit Zehatye v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  2. Khadija Mohammed v. Alberto R. Gonzales, Attorney General, Khadija Ahmed Mohamed v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  3. Naseem Salman Al-Harbi v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
  4. Audelio Arriaga-Barrientos v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1991
  5. Usha Bhasin v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005

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