Yingqing Chen v. Gonzales

MEMORANDUM ***

Yingqing Chen petitions for review of a decision of the Board of Immigrations Appeals (“BIA”) affirming an order of an immigration judge (“IJ”) denying the applications of his wife and family’s applications for asylum and withholding of removal. Because the BIA adopted the IJ’s reasoning, we review the BIA’s decision, along with the reasons specified by the IJ. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002) (“Where ... the BIA has reviewed the IJ’s decision and incorporated portions of it as its own, we treat the incorporated parts of the IJ’s decision as the BIA’s.”) We grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The government first argues that we lack jurisdiction over this petition for review because Chen’s claim is derivative, yet his counsel filed a single petition for review that included only Chen’s name in the caption. We have considered this argument previously and found it unpersuasive. In Ochave v. INS, 254 F.3d 859 (9th Cir.2001), we considered an identical circumstance in which the petition for review was filed in the name of the…