Yi Quan Chen v. Immigration and Naturalization Service

ORDER

In our prior opinion, Chen v. I.N.S., 266 F.3d 1094 (9th Cir.2001), this court reviewed Yi Quan Chen’s application for asylum and withholding of removal pursuant to § 208(a) and § 241(b)(3) of the Immigration and Nationality Act (I.N.A.), 8 U.S.C. §§ 1158 (a), 1231(b)(3). The Board of Immigration Appeals (BIA) had dismissed Chen’s application and agreed with the Immigration Judge’s conclusion that Chen lacked credibility. This court overruled the BIA, holding that Chen had established his eligibility for asylum and withholding of removal. Chen, 266 F.3d at 1099 . We found that Chen was credible and had produced direct and specific evidence of past persecution. Id. at 1101 . We also held that Chen had a well-founded fear of future persecution and established a clear probability that he would be persecuted if returned to China. Id. at 1099 . We ultimately remanded the ease to the Attorney General to determine in the exercise of his discretion whether to grant asylum to Chen. Id. at 1103 .

In I.N.S. v. Ventura, 537 U.S. 12 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002), the Supreme Court held that the Ninth Circuit had erred by failing to remand an asylum case to the BIA for…