Jie Lin v. John Ashcroft, Attorney General
Opinion
Opinion
Fletcher, J.
ORDER
The panel, with the following amendments, has voted to deny the petition for panel rehearing. The opinion published at 356 F.3d 1027 (9th Cir.2004) is amended as follows:
The full court was advised of the petition for rehearing en banc and the proposed amendments included herein. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. See Fed. R.App. P. 35.
The opinion as amended is filed simultaneously with this order. No further petitions for rehearing or rehearing en banc will be entertained.
The petition for panel rehearing and the petition for rehearing en banc are DENIED.
OPINION
Jie Lin (“Lin”) petitions for review of the Board of Immigration Appeals (“BIA”) denial of his motion to reopen his application for asylum, withholding of removal, and relief under the Convention Against Torture. He asserts that his claims were prejudiced due to ineffective assistance of counsel. Lin’s mother bore a second child in violation of China’s mandatory limits on procreation, which Lin alleges led to persecution of her and her family, including him.…