Javhlan
Javhlan v. Holder
Opinion
Opinion
PREGERSON, J.
Louis A. Gordon (argued), Law Offices of Louis A. Gordon, and David B. Gardner, Law Offices of David B. Gardner, Los Angeles, CA, for the petitioners.
Norah Ascoli Schwarz (argued), Senior Litigation Counsel, U.S. Department of Justice Office of Immigration Litigation, and Michael E. Davitt, U.S. Dept. of Justice, Criminal Division, Washington, DC, for the respondent.
Before: HARRY PREGERSON, D.W. NELSON and SANDRA S. IKUTA, Circuit Judges.
Opinion by Judge PREGERSON; Dissent by Judge IKUTA.
PREGERSON, Circuit Judge:
Dashdavaa Javhlan [1] ("Javhlan"), a native and citizen of Mongolia, petitions for review of a decision by the Board of Immigration Appeals ("BIA") denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). An immigration judge ("IJ") denied Javhlan's applications for relief and the BIA affirmed without opinion pursuant to 8 C.F.R. § 1003.1 (e)(4). Thus, we review the IJ's decision as the BIA's final determination. Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand to the BIA for further proceedings.