Fredy Orlando Ventura v. Immigration and Naturalization Service, Fredy Orlando Ventura v. Immigration and Naturalization Service

317 F.3d 1003, 2003 Daily Journal DAR 673, 2003 Cal. Daily Op. Serv. 542, 2003 U.S. App. LEXIS 642

Opinion

ORDER

PER CURIAM.

In an order filed this date, Case No. 00-70328 has been consolidated with Case No. 99-71004.

Pursuant to INS v. Fredy Orlando Ventura, — U.S. -, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002), Case No. 99-71004 is remanded to the BIA for its consideration of the question whether there are changed country conditions in Guatemala that rebut the presumption that Ventura has a well-founded fear of future persecution on account of the political opinion imputed to him. In its consideration of that question, the BIA may reopen the record to permit “the presentation of further evidence of current circumstances in Guatemala — evidence that may well prove enlightening given the five years that have elapsed since the [previously considered country] report was written. See §§ 3.1, 3.2(permit-ting the BIA to reopen the record and to remand to the Immigration .Judge as appropriate).” Ventura, —— U.S. at -, 123 S.Ct. at 356.

In the event the BIA reopens the record to consider the changed circumstances issue, it should also consider allowing Ventu-ra to present the new evidence of family persecution which he sought to present by his motion to reopen (petition for review in Case No. 00-70328), together with any other current evidence of such family circumstances. Accordingly, Case No. 00-70328 is remanded to the BIA to permit it to reconsider its previous denial of Ventura’s motion to reopen, and to permit the presentation of evidence of Ventura’s family’s current circumstances in Guatemala. The. remand in Case No. 00-70328 is without prejudice to Ventura reinstating his petition for review in that case following reconsideration by the BIA.

CONSOLIDATED AND REMANDED.