Jose Roberto Canas-Segovia, Oscar Iban Canas-Segovia v. Immigration and Naturalization Service

In light of INS v. Elias-Zacarias, — U.S. —, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and subsequent events in this case, we remand with instructions to dismiss as moot Oscar Canas-Segovia’s petition for relief and to grant Jose Canas-Segovia’s petition based on the theory of imputed political opinion.

I

Oscar has married a United States citizen, received conditional residence status pursuant to 8 U.S.C, § 1186a, and returned to El Salvador to receive his immigrant visa. By so doing, he abandoned his request for relief.

II

In Elias-Zacarias , the Court made clear that a petitioner alleging persecution must present some evidence, direct or circumstantial, of the persecutor’s motive. 112 S.Ct. at 816-17 . This motive requirement stems from section 1101’s “persecution on account of” language.

In our original opinion, we rested our holding on alternate grounds: persecution on account of religion, and persecution based on imputed political opinion. Canas-Segovia v. INS, 902 F.2d 717, 729 (9th Cir.1990).

A

In light of Elias-Zacarias’s adoption of a motive requirement, Canas-Segovia can no longer prove religious persecution.

In our decision, we took pains to explain that although…