The following excerpt is from Martinez-Sanchez v. I.N.S., 794 F.2d 1396 (9th Cir. 1986):
For example, in Lopez v. INS, 775 F.2d 1015 (9th Cir.1985), we affirmed the BIA's denial of asylum relief. There, the BIA had stated that its view of the merits of the alien's claim was the same " 'whether we apply the standard of 'clear probability' or a lesser standard, such as 'good reason'....' " Id. at 1016 (quoting BIA decision) (emphasis added by court). Thus, there was a clear indication from the BIA of a differentiation between the standards applicable to the two forms of relief sought.
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