Chicago, Illinois 60604 April 9, 2004 Before Hon. RICHARD D. CUDAHY, Circuit Judge… v. ] ] No. A76-140-481 JOHN ASHCROFT, United States ] Attorney General, ]

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 9, 2004
Before
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
DENADA M. BACE, ] Petition for Review of
Petitioner, ] an Order of the Board of
] Immigration Appeals
No. 02-3909 v. ]
] No. A76-140-481
JOHN ASHCROFT, United States ]
Attorney General, ]
Respondent. ]
ORDER
This case is before the panel on a petition for panel rehearing filed on
March 2, 2004, by the Respondent.
In response, the opinion is modified, as follows:
DELETE:
“The IJ’s cursory opinion did not make a specific credibility ruling nor
a specific finding on past persecution.” Bace, 352 F.3d at 1138.
REPLACE WITH:
“The IJ’s cursory opinion did not make a specific credibility ruling nor
a specific finding whether the alleged mistreatment of the Baces was
sufficiently severe to qualify as persecution assuming that its
motivation implicated a statutory ground. (citation omitted)
However, the clear implication of the IJ’s analysis was that he rejected
a finding of persecution only on grounds of its motivation.” Id.

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No. 02-3909 Page 2
DELETE:
“For these reasons, although the BIA failed to make an express finding
with respect to past persecution, any determination that the Baces
were not the victims of past persecution on account of Mr. Bace’s
political opinion is not supported by substantial evidence.” Bace, 352
F.3d at 1139.
REPLACE WITH:
“For these reasons, any determination that the Baces were not the
victims of past persecution on account of Mr. Bace’s political opinion is
not supported by substantial evidence.” Id.
On further consideration of the petition for rehearing and the answer filed by
the petitioner on March 18, 2004, all of the judges on the panel have voted to deny
the petition for rehearing. Accordingly, the petition for panel rehearing is hereby
DENIED.

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