United States Ninth Circuit

Where an IJ has previously determined that an alien is removable but grants cancellation of removal, a BIA decision to reverse the cancellation of removal reinstates the initial finding of removability, which, under the relevant statute, is effectively an order of removal for purposes of jurisdiction for review. Previous precedent to the contrary is overruled. On the merits, a petition for review of a decision denying Indonesian ethnic Chinese Christian petitioner's application for asylum and granting her voluntary departure is denied as substantial evidence supported the BIA's denial of her asylum claim.

Appellate Information

• Argued 10/05/2006
• Decided 05/07/2007
• Published 05/07/2007

Judges

• BYBEE, Circuit Judge., Before MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, PAMELA ANN RYMER, ANDREW J. KLEINFELD, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe, Hilari Allred, Law Office of Robert B. Jobe, San Francisco, CA, for petitioner Marjorie Lolong.


• For Appellees:
  
• Jonathan F. Cohn & Isaac R. Campbell, Department of Justice, Washington, D.C., for the respondent.