Jesuina Perez-teran, Petitioner, v. Immigration and Naturalization Service, Respondent, 992 F.2d 1219 (9th Cir. 1993)

MEMORANDUM^** 

Jesuina Perez-Teran seeks review of the Board of Immigration opinion denying her asylum and withholding of deportation. We have jurisdiction, 8 U.S.C. § 1105a(a) (1), and we grant the petition for review in light of Sarria-Sibaja v. I.N.S., No. 90-70640 (9th Cir. April 5, 1993).

* Perez-Teran applied for asylum claiming that she feared persecution if she returned to Nicaragua. The immigration judge denied her request, and she appealed to the Board of Immigration Appeals. The Board affirmed. It held that Perez-Teran did not have a well founded fear of persecution. It also wrote, "Moreover, this Board takes administrative notice that the Sandinista Party no longer controls the Nicaraguan government."

In Castillo-Villagra v. INS, 972 F.2d 1017, 1029 (9th Cir. 1992), we held that it was error to take administrative notice of a change in government without providing an opportunity to rebut the noticed facts. In Castillo v. INS, 951 F.2d 1117, 1120-23 (9th Cir. 1991), however, we found that such error was not fatal if the Board explicitly relied on a separate and independent ground for denying asylum. In Sarria-Sibaja, No. 90-70640, we held that an opinion which separates the discussion of specific reasons and administrative notice with the word "Moreover" does not explicitly rely on two independent reasons. Slip op. at 3257. Applying Sarria-Sibaja, we grant the petition for review. As in Sarria-Sibaja, the Board must provide Perez-Teran an opportunity to show cause why notice should not be taken of the change in government in Nicaragua.

The petition for review is GRANTED.