INS v. Orlando Ventura, 537 U.S. 12, 4 (2002) (per curiam)

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Cite as: 537 U. S. 12 (2002)

Per Curiam

failed objectively "to demonstrate that the guerillas' interest" in him was "on account of his political opinion." App. to Pet. for Cert. 22a. The Immigration Judge added that "conditions" in Guatemala had changed significantly. Even "if the guerillas" once had had a politically based "interest" in Orlando Ventura, the evidence failed to show that the guerrillas would "continue to have motivation and inclination to persecute him in the future." Ibid.

The BIA, considering the matter de novo, "agree[d]" with the Immigration Judge that Orlando Ventura "did not meet his burden of establishing that he faces persecution 'on account of' a qualifying ground . . . ." Id., at 15a. The BIA added that it "need not address" the question of "changed country conditions." Ibid.

The Court of Appeals, reviewing the BIA's decision, decided that this evidence "compel[led] " it to reject the BIA's conclusion. 264 F. 3d, at 1154 (emphasis added); see INS v. Elias-Zacarias, 502 U. S. 478, 481, n. 1 (1992) ("To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it . . ." (emphasis in original)). It recognized that the BIA had not decided the "changed circumstances" question and that "generally" a court should remand to permit that consideration. 264 F. 3d, at 1157. Cf. Castillo v. INS, 951 F. 2d 1117, 1120-1121 (CA9 1991) (specifying that the Court of Appeals must review the decision of the BIA, not the underlying decision of the immigration judge). But the Court of Appeals added that it need "not remand . . . when it is clear that we would be compelled to reverse the BIA's decision if the BIA decided the matter against the applicant." 264 F. 3d, at 1157. And it held that the record evidence, namely, a 1997 State Department report about Guatemala, "clearly demonstrates that the presumption of a well-founded fear of future persecution was not rebutted." Ibid. Hence, it concluded, "remand . . . is inappropriate." Ibid.

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