Asylum Seekers Claim Persecution Based on Burundian Nationality

protected characteristic to be more than "incidental or tangential to they face no clear probability of torture if returned to rwanda. (see richard d. steel n.2. furthermore, the bia clearly concluded that petitioners' reason account for 51% of the persecutors' burundian nationality and their status as repatriated refugees to be given these facts, it was reasonable for the bia to conclude the statute is ambiguous, we proceed to the second step and burundian background was subordinate to other reasons for here. furthermore, the bia's use of an erroneous standard was would compel any reasonable factfinder to conclude to the dispute," instigated the friction between ndayshimiye and his aunt. that petitioners intended to overstay their visas. we additionally and/or social group had played no part in the threats against listed protected grounds. id. at 736; see also parussimova, 533 f.3d at 1134 (holding that the ambartsoumian thus supports the bia's decision here. just asylum could be granted where a protected ground played any part, contact with some relatives who had remained in the country. one deficit as an alternative rationale for upholding the ij's decision to no. 07-3201 noted above, the paragraph inserted into � 208 provides that an received calls in june 2006, at petitioners' home, on which she ndayshimiye recognized the voice on some of the phone calls as central reason" standard is in error only to the extent that it would additionally, the conference report cites only pre-enactment ongoing ethnic tensions there and the possibility of civil conflict. motivation). see united states v. cooper, 396 f.3d 308, 312 (3d cir. 2005) petitioners' allegation that musabwasoni was responsible in examining the bia's interpretation of � 208, we must the visas came to be cancelled, whereas the government has with his aunt for the eight years following petitioners' return to impact on what type of evidence an ij may require to show rugwizangoga ("reverien"), a major in the rwandan national identical" to a previously proposed regulation that would require a eight years of prior peace between petitioners and musabwasoni no central role in their persecution. id. at 216 (citing lack of rwandan citizens jean bosco ndayshimiye and his wife gonzales, 415 f.3d 296, 302-03 (3d cir. 2005). -18- record contains just a few remarks by petitioners' alleged 719, 724 (3d cir. 2003) (determining that there had been no standard that is consistent with this passage from parussimova. persecution where men took the asylum applicant captive after his underlying land dispute, not "incidental" to it: musabwasoni's section 208's use of the phrase "one central reason" rather father, the head of a christian ministry, denounced their religious "essential," or "principal." see parussimova, 533 f.3d at 1134 slurs, is well taken. see amicus br. 13. where such strong background playing an "incidental" role. id. at 215-16. therefore, -10- could establish that, even if a persecutor had more than one motive, that particular term is inconsistent with the plain language of the armenian, the court concluded that the adverse treatment he faced fear of persecution on account of race, religion, nationality, briefly referred to the bia's construction of � 208, he went on to ndayshimiye was working, reverien told murekatete that her sufficient to prove that a protected characteristic is one central not be the single dominant reason for an applicant's persecution. motives standard, rather than expressing approbation of all aspects things, the act amended the ina to include a standard for accompanying conference report contradict petitioners' suggestion corrected mixed-motives standard is therefore not necessary. -1- ninth circuit's prior "at least in part" analysis). superficial" reason for persecution of an asylum applicant. this ii. have been motivated "at least in part" by a protected ground. are of tutsi ethnicity. in 1996 they both returned to rwanda along a non-existent "political group" claim while failing to explicitly 1033 (7th cir. 2002)). while the report does note that the "statutory iv. -4- membership in a particular social group, or political opinion was now call into question the bia's interpretation of that "one central for their conflict. cf. lie v. ashcroft, 396 f.3d 530, 535 (3d cir. after 2004 was motivated solely by the land dispute. although the argued november 17, 2008 applications on january 4, 2007. that ruling rested primarily on the a residency permit to live in ukraine. id. although both of those review of the bia's interpretation of � 208 is de novo, the conference report's discussion of the new mixed-motives v. burundi, but are rwandan citizens since their parents were burundi. however, we have previously held in ambartsoumian v. of the police and asked for ndayshimiye. upon being told that id. at 212-13. next, the bia turned to the conference report for the (3d cir. 2005) (holding remand unnecessary where outcome is because of these threats, petitioners sought to leave margaret j. perry matthew v. barter william j. hine ordinary robbery was not enough to show that the robbers acted courts," h.r. rep. no. 109-72, at 163 (2005), the same paragraph word "subordinate." in parussimova, though judge o'scannlain protected ground serve as "one central reason" for the persecution, naturally suggesting that a intertwined. see in re j� b� n� & s� m�, 24 i. & n. dec. at 209 land that did not belong to him, and must return to burundi. arguing that their asylum application should have been granted.1 taking petitioners' testimony as true, ndayshimiye's conflict with application similar to that of ndayshimiye and murekatete. mukasey, 533 f.3d 1128, 1135 (9th cir. 2008); abdel-rahman v. for the real id act stated that the language of � 208 was "almost jeffrey s. bucholt find it difficult to reconcile petitioners' insistence that for the foregoing reasons, we will deny the petition for the board of immigration appeals' ("bia") decision rejecting their parcel of land on which to build a home. ndayshimiye put off a "central" reason for persecution, not be subordinate to any other or political opinion was or will be at least one central reason for -6- construction of � 208's "one central reason" standard. ("[c]ourts should construe statutory language to avoid without evidence of persecution or harassment of any kind. only not resume construction on the land despite his legal victory. nor central reason" indicated that under � 208 a protected ground need persecutory act may have multiple causes. second, visa. at that point reverien asked murekatete if she had told bia's interpretation of the statutory standard for analyzing possible dispelled any inference that such animus was a significant reason (a.r. 68.) the ij's opinion included no conclusion as to -7- ambartsoumian because it was specifically cited with approval in 1997); see also deloso v. ashcroft, 393 f.3d 858, 860-61 (9th cir. ethnicity. id. at 91. the court held that any persecution stemmed "incidental, tangential, superficial, or subordinate to another reason "mixed motives" persecution was partially in error, its rationale with his rwandan relatives exactly because his parents fled to least in part" by membership in a protected group. see chang v. enacting this provision also weighs in favor of a mixed-motives these phone calls lasted through june 2006. murekatete also ambartsoumian's persecutors would presumably have acted review. husband was burundian, not rwandan, and must go back. on the -16- 495 (b.i.a. 1996). along with other circuits, we resolved that an land that she apparently viewed as rightfully hers cannot be wholly no statutory standard for judging whether persecution was "on it is true that some cases have already cited the bia's interpretation from congress's own words: the conference report jones day _____________ recent immigrants to rwanda from burundi, where they had been the scenario postulated by the amicus brief, in which a3 a "dominant" motivation. id. at 212. the same logic forbids an gonzales, 493 f.3d 444, 453 n.12 (4th cir. 2007). however, of alone may be used to meet burden of showing persecutors' for asylum to show that a protected ground is more than in 2005, congress passed the real id act. among other protected ground. united states department of justice petitioners naturalization serv., 283 f.3d 664, 668 (5th cir. 2002); persecuting the applicant." id. the ij concluded that nationality states that before the enactment of the real id act, there was "no for the cancellation of their visas is insufficient to undermine the ndayshimiye has admitted is simply his own belief regarding how although petitioners ostensibly challenge the denial of1 case under the statutory "mixed-motives" standard of the than "the central reason," which, as amicus points out, was a congress's use of the phrase "one central reason" rather than "the our existing precedent affirms the bia's denial of asylum influence of musabwasoni and her sons in the government, along see chen v. gonzales, 434 f.3d 212, 221 (3d cir. 2005) (denying despite their inaction regarding the land, on three occasions "outsiders," regardless of where those outsiders might have been denial of petitioners' application for asylum still stands because it iii. petitioners' conflict with ndayshimiye's aunt came about in part -19- under the forgiving "at least in part" standard; to grant asylum to approach to mixed-motive persecution cases in the wake of the compare valdiviezo-galdamez v. att'y gen., 502 f.3d 285, 290 of" that category). therefore, a key task for any asylum applicant must constitute "at least one" of the central reasons ndayshimiye and murekatete have not pointed to any evidence that because their absence from rwanda left them disconnected from case denying asylum where persecution stemmed "mainly" from -15- 2005) (listing "incidental," "tangential," and "superficial" as term "subordinate" is based on a plain reading of the language of apply the two-step inquiry set out in chevron. the first step third visit, reverien said, "if you don't want to go back when it's proximate motivation for mistreatment of an applicant is not a indicate that it considered ndayshimiye's and murekatete's new york, ny 10017-0000 "race, religion, nationality, membership in a particular social group, not present any grounds for rejecting the bia's conclusion that protected characteristic was more than "incidental, tangential, h.r. rep. no. 109-72, at 162. to be granted asylum, petitioners were required to show that 72, at 163 (2005)). relying on dictionary definitions of "incidental" musabwasoni's desire to obtain ndayshimiye's land and sell it for protected ground was the only central reason for the men were aware of [her] ethnicity and used it as a means to that co-worker reportedly also worked with the rwandan national different social status in rwandan society depending on the country from ambartsoumian's inability to speak ukrainian and his lack of resentment of ndayshimiye for reentering the family and taking night in his police uniform, armed and accompanied by other of them, his uncle frederick karuranga, deeded ndayshimiye a office of immigration litigation not the same level of evidence in the record to support petitioners' intertwined explanations for persecution are irrelevant where the berated her for her work with an american company (evidenced by burundi played only a "tangential" or "incidental" role in their a significant sum of money. musabwasoni is well-connected in 1563 massachusetts avenue burundian background, whether it is described as their imputed because of their victim's ethnicity); amanfi v. ashcroft, 328 f.3d at most by their resentment of the usurpation of family property by no matter how small, in motivating the persecution of the applicant. at least one of the causes of the persecution. see singh v. gonzales, did he seek protection from the authorities, believing that the although these cases pre-date the passage of the real id4 threats against them") (emphasis added). therefore, the bia's ndayshimiye's or murekatete's credibility. grounds that in that case the ij found that armenians did not we can confidently rely on the reasoning in6 state: regard to the actual result, ambartsoumian remains good third obtained tourist visas for himself, his wife, and their children to go immigration & naturalization service, 175 f.3d 732 (9th cir. parussimova offers yet another example reinforcing our reason for persecution of the applicant. see also in re j� b� n� & the persecutor's motivation." h.r. rep. no. 109-72, at 163 (citing ndayshimiye, who worked as a driver at the united states embassy, 2005); mihaylov v. ashcroft, 379 f.3d 15, 22 (1st cir. 2004). -13- v. elias-zacarias, 502 u.s. 478, 483 (1992) (holding that he or she is a "refugee" who is "unable or unwilling" to return to hearing, an immigration judge ("ij") denied petitioners' generally face persecution in ukraine, a finding that is absent here. refusing to define a central reason within the meaning of � 208 as deny asylum. the opinion affirmed the ij's two separate findings, precedential -12- ndayshimiye's aunt in rwanda. they now petition for review of clear that only certain pre-2005 opinions are being given legislative 2003); american heritage dictionary 302 (4th ed. 2000)). these failure to mention the "social group" claim by name does not for the third circuit to burundi. she also attempted to sell the land to someone else for precise question at issue." 467 u.s. at 842. if the plain language of act, they remain valid. lie and amanfi were denied asylum even besides his ethnicity, as both "well supported" by the evidence, imputed nationality or social group. the ij reviewed petitioners' bia affirmed the ij's holding that petitioners had not satisfied that cases going beyond the "at least in part" threshold as consonant washington, dc 20044 provided evidence that it simply acted on independent information statute, cutting off our chevron analysis at step one. practices, as this was simply a "private dispute").4 we conclude that the bia's interpretation of the "one tangential, or superficial role in persecution. see also merriam- 533 f.3d at 1134 (emphasis added). though our disapproval of the subordinate. see amicus br. 8-10; in re j� b� n� & s� m�, 24 i. they were "unable or unwilling" to return to rwanda "because of burden based on their own testimony that they had enjoyed a with the new statutory standard. h.r. rep. no. 109-72, at 163 _____________ "applicant must establish that race, religion, nationality, receiving anonymous phone calls several times a week on his work or will be at least one central reason for persecuting the applicant." clear as a matter of law). (opinion filed: february 24, 2009) police, john fayinzoga, the chairman of a commission to before a community tribunal, which resolved the matter in his favor other reasons for their persecution does support the board's petitioners. she found that the land conflict alone, a simple "family similarly, in this case the use of threats referencing petitioners' attorneys for respondent from which they have repatriated; those from burundi apparently petitioners attempt to distinguish ambartsoumian on the5 fuentes, circuit judge: who did not flee. a pin from the company that she was wearing at the time) and told petitioners entered the united states on september 11, 2006. were not planning to return to rwanda when their visas expired. that petitioners' burundian background was at most incidental to in november 2004. around march 2005, ndayshimiye began motivation. antonym of "central"); roget's 21st century thesaurus 618 (3d ed. his or her native country "because of persecution or a well-founded as ambartsoumian's illegal resident status and his lack of fluency known as "old case-load" refugees. these former refugees have although their mistreatment was precipitated by a 2004 land dispute -11- immigration and nationality act ("ina") � 208(b)(1)(b)(i), 8 8 u.s.c. � 1158(b)(1)(b)(i), ina � 208 (b)(1)(b)(i). petitioners parussimova, a kazakhstani citizen of russian heritage, had been before: scirica, chief judge, fuentes, and hardiman, removed, the bia's interpretation constitutes a reasonable, valid musabwasoni, contested their right to the land, telling ndayshimiye petitioners argue that ndayshimiye's and murekatete's address petitioners' social group claim, the bia's decision does evaluating evidence of persecution based on mixed motives. as under chevron v. natural resources defense council, 467 u.s. persecution was not "subordinate" to any unprotected motivation. julie m. iversen (argued) ndayshimiye's family did not return to burundi on their own they enactment of the "one central reason" standard invalidates the interpretation of � 208 without objection to its form. see singh v. [a]n asylum applicant need not prove that a regardless of the bia's misstep in interpreting � 208, its relief under cat. id. at 217. on july 23, 2007, petitioners timely motive" persecution, as long as the applicant's protected status was ij's finding that ndayshimiye and murekatete had failed to show address asylum applicant's ground for persecution by name and standard [of � 208] is . . . in keeping with decisions of reviewing interpretations that would render any phrase superfluous."). would compel us to overturn this reasonable conclusion. the bia dismissed petitioners' appeal as to the asylum ruling, also persecutors referencing their burundian background, always in the this interpretation does not, as petitioners fear, have any2 _____________ -9- phone in which he was told that he was not rwandan, was stealing p.o. box 878 that musabwasoni's past persecution was motivated by their 406 f.3d 191, 196 (3d cir. 2005); in re s� p�, 21 i. & n. dec. 486, that is "in keeping with" the standard of � 208. h.r. rep. no. 109- circuit law since it was evaluated under an analytical approach evidence standard, affirming them unless the record evidence united states. they applied for asylum, withholding of removal, reason. sanction. in particular, the report expresses disapproval of borja v. applicant need only show that his or her persecution was caused "at thirty minutes away from the disputed land. that even if reverien's remarks suggested that petitioners' cambridge, ma 02138 ndayshimiye and murekatete remained in a rental property about useinovic v. immigration & naturalization serv., 313 f.3d 1025, motivation is available, it might compel a finding of persecution with several hundred thousand other rwandan refugees who are an applicant need not prove that a protected ground persecution might be based on their burundian background, the was the most important reason why the persecution though we must defer to its reading of the statute where appropriate -8- i. similarly, musabwasoni and her sons seem to have been motivated granted if a protected ground is only an "incidental, tangential, or an alien will be granted asylum in the united states only if circumstances could be traced to the fact that ambartsoumian was executive in the president's office. burundian background was inextricably intertwined with the man who had been living in ukraine, sought asylum based on an based on this reading of the statute, the bia held that, even real id act, which states that a protected ground is not a on review of a decision of the board of immigration appeals standard. h.r. rep. no. 109-72, at 163. the conference report did harvard immigration and refugee clinical program his aunt was "fundamentally a personal dispute" motivated by ndayshimiye and murekatete under the more demanding "one persecution. claims. makes clear that an asylum applicant's credible account may be we review the bia's factual determinations under the substantial united states court of appeals mukasey, 543 f.3d 1, 5 (1st cir. 2008); gomez-zuluaga v. att'y in ukrainian were a product of his non-ukrainian background, conflict-free relationship with musabwasoni for eight years, supported by substantial evidence in the record. see gomez- that the mixed-motives analysis should not depend on a hierarchy frightened of the possible consequences, ndayshimiye did construe this threat as a reference to the 1994 rwandan genocide, the family members who had remained there. yet requires us to decide "whether congress has directly spoken to the affirming it on the same grounds as the nationality claim. vente v. u.s.c. � 1101(a)(42); see also immigration & naturalization serv. filed a petition for review of the bia's decision with this court, protected ground was conclusory). a. deliberate change in the drafting of this provision, demonstrates we will deny the petition. determine whether the bia's reading of the provision is a -17- born after their rwandan parents fled there in the 1960s. based on persecutor's motivation." id. at 213 (quoting h.r. rep. no. 109- or political opinion." 8 u.s.c. � 1101(a)(42). after a merits defined as "having dominant power, influence, or control," central reason" test would be illogical. possibility of further persecution and thus sought refuge in the (bia no. a97-529-530 and a97-529-529) hostility toward petitioners. even once this conflict began, the speciose murekatete sought asylum in the united states in 2006, a profit, with any prejudice related to petitioners' burundian ben franklin station gen., 527 f.3d 330, 340, 345 (3d cir. 2008); parussimova v. asylum where a protected ground played only an incidental, 65 fed. reg. 76,588, 76,592 (dec. 7, 2000)). allen w. hausman evidence of religious hatred in addition to another, non-protected immigration & naturalization serv., 119 f.3d 1055, 1065 (3d cir. persecution on a protected ground. 8 u.s.c. � 1158(b)(1)(b)(ii) the courts, however, interpreted � 1101(a)(42) to allow for "mixed- departing rwanda for the united states. was invited by a u.s. citizen to visit his home in virginia and rwanda in 1996, the bia concluded that any persecution occurring department that petitioners were selling off their belongings and (referring to opinions requiring that persecution be motivated "in once the word "subordinate" is removed, we are left with cause of their persecution. was based on a finding that their burundian origin was no more the co-worker. they were afraid to return to rwanda because of the repatriated refugees was more than a tangential motivation for the began building a home on the lot. ndayshimiye's aunt, primitive neighboring jewish merchant until some business conflict arises, of motivations in which one is dominant and the rest are indicating that either would have sufficed as a basis for the ultimate speciose murekatete, j� b� n� & s� m�, 24 i. & n. dec. 208 (b.i.a. 2007). in occurred. the act states that a protected ground 2005) (holding that the use of an ethnic slur during an otherwise born.6 opinion of the court f.3d at 1131. the court held that although her assailant's use of an require an asylum applicant to show that a protected ground for when petitioners returned to rwanda, ndayshimiye made important than another is irrelevant. the bia acknowledged this in that armenians did not generally face persecution in the ukraine in may and june 2006 reverien came to petitioners' residence at identified reverien's voice. of the opinion. however, even if congress cited the case without application for asylum. petitioners asserted before the bia that finally, though we recognize the bia's error in referencing insult related to parussimova's russian heritage showed "that the with ndayshimiye's aunt, it was also caused by their status as interpreting � 208, the bia reasoned that, though "central" may be cancelled in june 2006, apparently because a co-worker of deborah e. anker than an incidental factor in their persecution, a finding that is generally id.) -5- (citing merriam-webster's collegiate dictionary 201 (11th ed. 2007. the bia affirmed in a published precedential opinion. in re and protection under the convention against torture ("cat"). her she was a russian pig and had to get out of the country. 533 and that ambartsoumian in particular was persecuted for reasons during which massacred tutsis were dumped into the akagera. webster's collegiate thesaurus 117 (1988) (listing "peripheral" as corrected definition is consistent with the language of the statute.2 remand, despite legal error, because result was still supported by her actions; whether one of those central reasons is more or less -14- bia's decision. there is nothing in the record supporting what allegation that he had been persecuted in ukraine because of his for persecutory conduct; it does not require that such reasonable one. id. at 844. if so, we must let the interpretation substantial evidence); mahmood v. gonzales, 427 f.3d 248, 253 "central" reason if it is simply "incidental or tangential to the ambartsoumian v. ashcroft, 388 f.3d 85, 91 (3d cir. 2004); degrade her," there was no evidence in the record of a "causal real id act. in that case, the ninth circuit rejected an asylum that � 208 simply adopts the pre-2005 requirement that persecution ashcroft, 388 f.3d 85 (3d cir. 2004), that such factually attorneys for petitioners alleging that they had suffered persecution at the hands of immigration judge: mirlande tadal persecution. in re j� b� n� & s� m�, 24 i. & n. dec. at 216. zuluaga, 527 f.3d at 340. remand for reconsideration under the of their land with the idea that she would stand in the way of their petitioners ndayshimiye and murekatete were born in -2- direct or circumstantial." elias-zacarias, 502 u.s. at 483. here, the amicus curiae for the court contrary. dia v. ashcroft, 353 f.3d 228, 247 (3d cir. 2003). -3- musabwasoni could take the land.3 construction for financial reasons. 72, at 163. ultimate conclusion even under the corrected standard. therefore, evidence of [a motive based on a statutorily protected ground], kelly a. carrero (argued) (3d cir. 2007) (finding ij's decision inadequate because it did not nationality or their social status as old case-load refugees, played because actual analysis of whether persecution had nexus to jean bosco ndayshimiye; to the united states. during reverien's second visit to petitioners' musabwasoni wanted them to leave so she could take possession foremost, the word "central" would be rendered superfluous if persecution she suffered. the act requires that a circuit judges have very little influence or power and are resented by rwandans synonyms of "peripheral"). in fact, the bia derived its s� m�, 24 i. & n. dec. at 214 (stating that "testimonial evidence" result. 388 f.3d at 91. & n. dec. at 212-13. this plain language indicates that a with his own low social status, would render that attempt futile. in 2004, two years after karuranga's death, petitioners part of the real id act to permit asylum for an applicant who men's attack or the threats that followed afterwards." id. at 1135. did not qualify as "ethnic persecution." id.5 222 east 41 streetst interpretation that would impose a mirror image of the rejected shopkeeper in nazi germany peacefully coexists with a ndayshimiye filed a complaint concerning the land dispute ndayshimiye's at the u.s. embassy in rwanda had told the state 1999) (en banc), a case that relied on the "at least in part" standard. uniform standard for assessing motivation," and goes on to make race, religion, nationality, membership in a particular social group, upon arrival, they were informed that their visas had been burundian background does not prove that their nationality was a that congress, in including the term "central," meant to preclude but then vandalizes the jewish merchant's shop with religious by contrast, the plain meaning of this provision and the however, ambartsoumian simply referred to that evidentiary reason" standard as requiring an asylum applicant to show that a house, he searched murekatete's purse and found her american the bia's reading of � 208 as dictating that asylum may not be some other motivation) (quoting girma v. immigration & standard at any length, and it implicitly supports the excision of the in ambartsoumian, garegin ambartsoumian, an armenian and "tangential," the bia construed � 208 to require an applicant his aunt's son, reverien. in one call, the speaker said that if originally rwandan but fled from that country in the 1960s. they membership in a particular social group, or political opinion." 8 petition for review of immigration judge's decision without a armed police officers. each time, he identified himself as a member 837 (1984). wang v. ashcroft, 368 f.3d 347, 349 (3d cir. 2004). would be thrown into the akagera river to return there. petitioners reverien had orchestrated the cancellation of their visas through good, you're going back badly." (a.r. 229.) demobilize the rwandan army, and gilbert twgirunukiza, an separated from the fact that ndayshimiye had been out of contact persecution or a well-founded fear of persecution on account of attorney general of the united states, is to show a sufficient "nexus" between persecution and one of the connection between [parussimova's russian ethnicity] and the superficial, or subordinate to another reason for" his or her prevent us from "meaningfully review[ing] its decision" and "central" is relevantly defined as "of primary importance," stand. therefore, we hold that once the term "subordinate" is applicants for asylum bear the burden of providing "some police. ndayshimiye and murekatete believed musabwasoni and prior to the passage of the real id act in 2005, there was ndayshimiye yet that he must return to burundi. in 2004, when the land dispute arose, did musabwasoni exhibit any meaningful part" or "primarily" by a protected ground and another b. their cat claim (opening br. of petrs. 2 n.1, 15, 19-20), they do concluding that they were not entitled to withholding of removal or context of telling petitioners to return to burundi so that attacked by two men while walking alone on the street. they persecution "on account of" a protected category must be "because cite ambartsoumian specifically for its phrasing of the mixed- respondent � 208, congress's goal of "resolv[ing] conflicts between fora" by harmless, as its opinion did not rest on a finding that petitioners' rwandan society; among her children are reverien claude _____________ account of" a protected characteristic where other, unprotected persecution. rather, the bia determined that petitioners' roots in that he was not a member of the family and that he should go back motivations might explain an applicant's persecution. the bia and petitioners appealed this decision to the bia on january 18, the fact that ndayshimiye had a relatively peaceful relationship for harm." in re j� b� n� & s� m�, 24 i. & n. dec. at 213. evidence that petitioners' "burundian origins or their status as definitions are a reasonable foundation for the bia's conclusion regardless of which particular country he actually came from; rwanda. they did not want to return to burundi because of u.s.c. � 1158(b)(1)(b)(i). that provision was enacted in 2005 as "dominance" test: the requirement that a protected ground, even if persecutor may have more than one central motivation for his or based on a protected ground. in this case, however, there is simply these cases, only parussimova discussed the mixed-motives