United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' (BIA) decision denying petitioner's motion to reopen is granted, where: 1) petitioner alleged she was unmarried and gave birth to two children in the United States in violation of China's family planning policy and she fears persecution if she is returned to China; 2) the BIA held petitioner to an incorrect legal standard and failed to properly consider much of her relevant evidence; and thus, 3) the BIA abused its discretion in denying petitioner's motion to reopen.

Appellate Information

• Decided 09/06/2013
• Published 09/06/2013

Judges

• THOMAS

Court

• United States Ninth Circuit

Counsel