Lin Quan v. Alberto R. Gonzales

423 F.3d 997 Lin QUAN, Petitioner, v. Alberto R. GONZALES, Respondent. No. 03-70630. United States Court of Appeals, Ninth Circuit. Submitted May 6, 2005 * Pasadena, California. Filed September 7, 2005. Douglas G. Ingraham, Alhambra, California, for the petitioner. Peter D. Keisler, Assistant Attorney General; John C. Cunningham, Senior Litigation Counsel; Norah Ascoli Schwarz, Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent. On Petition for Review of an Order the Board of Immigration Appeals. Before: DIARMUID F. O'SCANNLAIN and KIM McLANE WARDLAW, Circuit Judges, and ROBERT H. WHALEY, ** United States District Judge. Opinion by Judge Whaley; Dissent by Judge O'Scannlain Whaley, District Judge: Petitioner, Lin Quan, and her husband, Linsheng Li, 1 natives and citizens of China, petition for review of the Board of Immigration Appeals' ("BIA") decision affirming an immigration judge's denial of her application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Abebe v. Ashcroft, 379 F.3d 755, 758 (9th Cir.2004). We grant the petition for review,…