United States Ninth Circuit

Petition for review of BIA decision is dismissed in part, denied in part, and granted in part where: 1) there was no appellate jurisdiction to review petitioner's claim to asylum and request for voluntary departure; 2) there was no abuse of discretion in the denial of a motion for withholding of removal; 3) remand was required to allow application of new standards for determining whether an asylum application was frivolous, and for reconsideration of a motion to reopen.

Appellate Information

• Argued 12/03/2007
• Decided 11/20/2008
• Published 11/20/2008

Judges

• PER CURIAM:, Before: D.W. NELSON, STEPHEN REINHARDT, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Socheat Chea, Esq., Duluth, GA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Esq., Linda S. Wendtland, Esq., Holly Smith, Esq., Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for the respondent.