DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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042922P.pdf 10/10/2005 Jorge Ines Gomez v. John Ashcroft
U.S. Court of Appeals Case No: 04-2922
Agency
[PUBLISHED] [Melloy, Author, with Beam and Benton, Circuit Judges]
Petition for review - Immigration. In order for this court to reverse a
finding that alleged persecution was not based on a protected ground, the
evidence must compel a finding that the protected ground motivated the
persecution; here, the evidence, while it might support a finding that
soldiers beat petitioners based on imputed political opinion, does not
compel such a finding; because the court affirms the BIA's finding that
petitioners failed to prove an improper motive in the soldiers' actions, the
burden of showing a fear of future persecution fell on petitioners, and the
they failed to establish a well-founded fear of future persecution.