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United States Ninth Circuit


LIN v. ASHCROFT, 02-70662

In light of the prejudicial incompetence of his counsel, Chinese minor's petition for review is granted; his application for asylum is reopened and remanded. The BIA abused its discretion in refusing to reopen his claim.

Appellate Information

  • Argued 04/04/2003
  • Decided 01/26/2004
  • Published 01/26/2004

Judges

  • Before: B. FLETCHER, KOZINSKI, and TROTT, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Amos E. Hartston, Melissa K. Pifko and Adrian F. Davis, Latham & Watkins, LLP, Los Angeles, CA, for the petitioner.

  • For Appellees:
  • Daniel E. Goldman and Christine A. Bither, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.
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