Immigration & Naturalization Service v. Ventura

[*13] Per Curiam.

Federal statutes authorize the Attorney General, in his discretion, to grant asylum to an alien who demonstrates “persecution or a well-founded fear of persecution on account of . . . [a] political opinion,” and they require the Attorney General to withhold deportation where the alien’s “life or freedom would be threatened” for that reason. Immigration and Nationality Act, §§ 101(a)(42)(A), 208(a), 243(h), 66 Stat. 166, as amended, 8 U. S. C. §§1101(a)(42), 1158(a), 1253(h)(1) (1994 ed. and Supp. V). The Board of Immigration Appeals (BIA) determined that respondent Fredy Orlando Ventura failed to qualify for this statutory protection because any persecution that he faced when he left Guatemala in 1993 was not “on account of” a “political opinion” The Court of Appeals for the Ninth Circuit reversed the BIA’s holding. 264 F. 3d 1150 (2001) (emphasis added).

The Court of Appeals then went on to consider an alternative argument that the Government had made before the Immigration Judge, namely, that Orlando Ventura failed to qualify for protection regardless of past persecution because conditions in Guatemala had improved to the point where no realistic threat of persecution currently existed. Both sides pointed out to the Ninth Circuit that the Immigration Judge had held that conditions had indeed changed to that point but that the BIA itself had not considered this alternative claim. And both sides asked that the Ninth Circuit remand the case to the BIA so that it might do so. See Brief for Petitioner in No. 99-71004 (CA9), pp. 5, 6, 24; Brief for Respondent in No. 99-71004 (CA9), pp. 8, 9, 23. [*14] The Court of Appeals, however, did not remand the case. Instead, it evaluated the Government’s claim itself. And it decided the matter in Orlando Ventura’s favor, holding that the evidence in the record failed to show sufficient change. 264 F. 3d, at 1157-1158. The Government, seeking certiorari here, argues that the Court of Appeals exceeded its legal authority when it decided the “changed circumstances” matter on its own. We agree with the Government that the Court of Appeals should have remanded the case to the BIA. And we summarily reverse its decision not to do so.