Werner Montenegro; Aleida Perez v. JOHN ASHCROFT, Attorney General of the United States

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-1904
WERNER MONTENEGRO;
ALEIDA PEREZ,
Petitioners
v.
JOHN ASHCROFT,
Attorney General of the United States,
Respondent
On Petition for Review of an Order of the
Board of Immigration Appeals
(BIA Nos. A73 033 367 & A73 033 366)
Argued January 13, 2003
Before: SCIRICA, Chief Judge*, BARRY and SMITH, Circuit Judges
(Filed: May 16, 2003)
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the not precedential opinion in the above case,
filed May 16, 2003, be amended as follows:
Page 2, footnote 1, which read:
“This application also includes, derivatively, the application of
Montenegro’s wife, Aleida Perez, and their son, Jose Montenegro.”
shall read:
“This application also includes, derivatively, the application of
Montenegro’s wife, Aleida Perez.

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2
*Judge Scirica began his term as Chief Judge on May 4, 2003.
Page 14, footnote 6, which read:
“Based on the testimony of Werner Montenegro and his son, Jose, and the
corroborating evidence in the record, we find substantial evidence that Jose
was exposed, both directly and indirectly, to the persecution noted here.
We therefore direct the BIA to direct the IJ to grant Jose Montenegro’s
application for asylum.”
shall read:
“During the course of these proceedings, Jose Montenegro has bypassed his
21st birthday and thus can no longer be considered derivatively to his
father’s application for asylum. Still, we urge the Attorney General to
exercise his discretion to grant Jose Montenegro’s separate application for
asylum given the circumstances surrounding the application before us.”
BY THE COURT,
/s/ Anthony J. Scirica
Chief Judge
DATED: September 15, 2003

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