Chen

Chen v. Mukasey

Good Law
United States Court of Appeals for the Ninth CircuitMay 2, 200806-71430California2,655 words

Opinion

Opinion

Canby COUNSEL, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

QING LI CHEN, 

Petitioner, No. 06-71430 v.  Agency No.

A76-641-064

MICHAEL B. MUKASEY, Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted November 8, 2007—Seattle, Washington

Filed May 2, 2008

Before: William C. Canby, Jr., Susan P. Graber, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Canby COUNSEL

Joshua E. Bardavid and Patricia S. Mann, Law Offices of Theodore N. Cox, New York, New York, for the petitioner.

Anh-Thu P. Mai and Lyle D. Jentzer, Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

OPINION

CANBY, Circuit Judge:

Petitioner Qing Li Chen is a citizen of China who is subject to a final order of removal. She seeks to file an application for 4862 CHEN v. MUKASEY asylum based on a change in her personal circumstances. The Board of Immigration Appeals (“BIA”) held that such an application could be presented only as part of a…

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