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CHEN v. I.N.S.

No. 00-70478.

266 F.3d 1094 (2001)

Yi Quan Chen, Petitioner, v. Immigration and Naturalization Service, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2001.

Attorney(s) appearing for the Case

Jonathan M. Volyn and David Young, Legal Interns, and Maureen E. Laflin and Monica Schurtman, Supervising Attorneys, University of Idaho College of Law, Legal Aid Clinic, Moscow, Idaho, for the petitioner.

John J. Andre, Senior Litigation Counsel, United States Department of Justice, Civil Division, Washington, D.C., for the respondent.

Before: Donald P. Lay, Stephen S. Trott and Marsha S. Berzon, Circuit Judges.

Argued and Submitted May 10, 2001 — Seattle, Washington.

OPINION

LAY, Circuit Judge:

This is an appeal from denial by the Board of Immigration Appeals ("BIA") of a Chinese citizen'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). We reverse and find the Petitioner is eligible for a discretionary grant...

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