Marco Espinosa-Cortez v. Atty Gen United States ( 2010 )

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
July 20, 2010
No. 08-4170
MARCO TULIO ESPINOSA-CORTEZ;
LUZ MARINO LOPEZ-TIBADUIZA;
XIMENA DEL PILAR ESPINOSA-LOPEZ,
Petitioners
v.
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent
(Agency Case Numbers A98-542-368, A98-542-369, A98-543-097)
Present: RENDELL, AMBRO and FUENTES, Circuit Judges
Motion by Respondent to Amend or Modify the Decision.
/s/Marianne Bowers
Case Manager (267)299-4911
ORDER
The foregoing Motion by Respondent to Amend or Modify the Decision is granted. It is hereby
ordered that the Slip Opinion filed in this case on June 2, 2010, be amended as follows:
On page 14, delete the following sentence: “Rather, the applicant must only
demonstrate that the protected ground constitutes ‘at least one central reason for
persecuting the applicant.’ 8 U.S.C. § 1108(b)(1)(B)(I).” Insert the following
sentence in its place: “Rather, the applicant must only demonstrate that the
persecution was at least in part motivated by the protected ground. See
Ndayshimiye v. Att'y Gen., 557 F.3d 124, 129 (3d Cir. 2009).”
On page 22, delete the following sentence: “We agree with this analysis, and, as was
the case in Cordon-Garcia, we believe that a reasonable factfinder would be
compelled to conclude that the political opinions that the guerrillas imputed to
Espinosa-Cortez were ‘at least one central reason’ for the FARC’s threats. 8 U.S.C.
§ 1108(b)(1)(B)(I).” Insert the following sentence in its place: “We agree with this
analysis, and, as was the case in Cordon-Garcia, we believe that a reasonable
factfinder would be compelled to conclude that the FARC’s threats were motivated
at least in part by the political opinions that the guerrillas imputed to
Espinosa-Cortez.”
On page 28, delete the word “centrally” from the sentence “Under these
circumstances, the BIA’s conclusion that the FARC’s threats were not centrally
motivated by a political opinion the guerrillas imputed to Espinosa-Cortez is not
supported by substantial evidence in the record.” Delete the following sentence:
“For the foregoing reasons, we will grant the petition for review.” Insert the
following sentence in its place: “For the foregoing reasons, we will grant the petition
for review and remand to the Board for further proceedings.”
By the Court,
s/ Julio M. Fuentes
Circuit Judge
Dated: July 27, 2010