Xu

FILED

NOT FOR PUBLICATION JUN 23 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JINAN XU, No. 05-71448

Petitioner, Agency Nos. A095-178-121

A095-178-122

v.

ERIC H. HOLDER Jr., Attorney General, MEMORANDUM *

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted May 5, 2010 Pasadena, California

Before: B. FLETCHER and PAEZ, Circuit Judges, and EZRA, ** District Judge.

Petitioner Jinan Xu petitions for review of an order by the Board of

Immigration Appeals (BIA) affirming the denial by the Immigration Judge (IJ) of

Xu’s motion to reconsider the IJ’s denial of Xu’s motion to reopen her asylum

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable David Alan Ezra, United States District Judge for the District of Hawaii, sitting by designation. application. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition

and remand.

Xu filed an application…