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United States Ninth Circuit


CHEN v. ASHCROFT, 02-73673

The IJ's finding that alien did not have a nine-year-old son living in China was not supported by substantial evidence; because she presented credible testimony as to the child's existence, her statements must be accepted as true. Remanded for further asylum proceedings.

Appellate Information

  • Argued 02/13/2004
  • Decided 03/30/2004
  • Published 03/30/2004

Judges

  • ALARCÓN, Circuit Judge:, Before: ALARCÓN, BEEZER, and FLETCHER, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • James B. Macy, Sacramento, CA, for the petitioner.

  • For Appellees:
  • Margaret K. Taylor, United States Department of Justice, Civil Division, Washington, DC, for the respondent.
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