Unpublished Disposition, 868 F.2d 1272 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 868 F.2d 1272 (9th Cir. 1989)

Romeo Calulot BAYLON, Petitioner,v.IMMIGRATION & NATURALIZATION SERVICE, Respondent.

No. 88-7149.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 7, 1988.* Decided Feb. 10, 1989.



Baylon, a native and citizen of the Philippines, entered the United States in 1981 as a non-immigrant temporary worker and in 1984 was found deportable for having overstayed the period for which he was authorized to remain. His motion to reopen was denied by an immigration judge. On appeal to the Board of Immigration Appeals the order of the judge was affirmed on the ground that the Marcos government was no longer in power and Baylon had failed to make a prima facie showing that persecution also would be feared from the post-Marcos government of the Philippines.

Under Desir v. Ilchert, 840 F.2d 723, 729-30 (9th Cir. 1988), Baylon should have the opportunity to present evidence upon this issue. When he had originally petitioned for asylum the Marcos government was in power and the fear of persecution under a post-Marcos government was not an issue.

The petition is granted and the matter is remanded to the Board of Immigration Appeals for the granting of a hearing upon the issue.


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This decision is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3