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032818P.pdf   11/10/2004  Guerrero de Brenner  v.  Ashcroft
   U.S. Court of Appeals Case No:  03-2818
   Agency   
   Petition for Review - Immigration. BIA erred in reversing the 
   Immigration Judge's ruling granting petitioners asylum; the 
   administrative record compels the conclusion that petitioners have 
   suffered persecution due at least in part to a statutory basis, namely, 
   imputed political opinion; in reaching its alternative finding that even if 
   persecution occurred due to a statutory basis, changed country conditions 
   in Peru removed any objectively reasonable fear of persecution, the BIA 
   failed to place the burden of proof on the INS (now Department of 
   Homeland Security) to show that changed country conditions overcame 
   the presumption of a well-founded fear of persecution; case remanded to 
   the BIA for reconsideration of the issue of changed country conditions. 
   [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Heaney, 
   Circuit Judge]