Julio Cesar Nunez-Potoy v. Immigration and Naturalization Service

Publisher	United States Court of Appeals for the Ninth Circuit
Publication Date	13 May 1994
Type of Decision	93-70622
Cite as	Julio Cesar Nunez-Potoy v. Immigration and Naturalization Service, United States Court of Appeals for the Ninth Circuit, 13 May 1994, available at: https://www.refworld.org/cases,USA_CA_9,3ae6b67c0.html [accessed 3 June 2023]
Comments	Submitted: 9 May, 1994; Filed: 13 May, 1994 The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth Cir. R. 34-4
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

JULIO CESAR NUNEZ-POTOY, Petitioner, v. IMMIGRATION &
NATURALIZATION SERVICE, Respondent.
No. 93-70622 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 9, 1994, ** Submitted, San Francisco, California ** The panel finds this case appropriate for submission
without oral argument pursuant to Fed. R. App. P. 34(a) and
Ninth Cir. R. 34-4.
May 13, 1994, Filed

Subsequent History: Reported in Table Case Format at: 24 F.3d 248.

Prior History:

Petition to Review a Decision of the Immigration and Naturalization Service. I&NS No. A29-319-588

Disposition:

DENIED.

Judges:

Before: NOONAN, and T.G. NELSON, Circuit Judges, and EZRA, *** District Judge *** Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.

Opinion:

MEMORANDUM *

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.

Julio Cesar Nunez-Potoy, a native and citizen of Nicaragua, entered the United States without inspection on August 22, 1988. Ordered to show cause why he was not deportable, he conceded deportability but requested asylum. The Immigration Judge denied his request but granted voluntary departure. Nunez-Potoy appealed to the Board of Immigration Appeals.

The Board dismissed the appeal, finding that under 8 U.S.C. §§ 1158(a) and 1253(h), Nunez-Potoy had not expressed a political opinion and that, further, any harm to him would not be based on imputed political opinion.

Nunez-Potoy fails to show that he or his parents were singled out for persecution on the basis of their political beliefs. See De Valle v. INS, 901 F.2d 787, 791 (9th Cir. 1990). A demand that Nunez-Potoy serve in the military does not amount to persecution. Castillo v. INS, 951 F.2d 1117, 1122 (9th Cir. 1991). Finally, Nunez-Potoy's case is not comparable to other cases involving "exceptionally inhumane" abuse in which this court has granted asylum on humanitarian grounds. Kahssai v. INS, 16 F.3d 323, 329 (9th Cir. 1994) (Reinhardt, J., concurring); see Desir v. Ilchert, 840 F.2d 723 (9th Cir. 1988).

Substantial evidence supports the Board's findings. Consequently, the petition is DENIED.

Julio Cesar Nunez-Potoy v. Immigration and Naturalization Service

Subsequent History: Reported in Table Case Format at: 24 F.3d 248.

Prior History:

Disposition:

Judges:

Opinion:

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