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Ling Huang v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 5, 2008
314 F. App'x 9 (9th Cir. 2008)

Opinion

No. 04-70682.

Submitted July 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 5, 2008.

William Kiang, San Gabriel, CA, for Petitioner.

Regional Counsel, Western Region Immigration Naturalization Service, Laguna Niguel, CA, Ronald E. Lefevre, Chief Legal Officer, Office of the District Counsel Department of Homeland Security, San Francisco, CA, OU, DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A75-740-304.

Before: B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Ling Huang, a native of China and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' order summarily affirming an immigration judge's order denying her applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand for further proceedings.

The agency's decisions in this case preceded Sael v. Ashcroft, 386 F.3d 922 (9th Cir. 2004), in which we held that "Sael's evidence compels the conclusion that Indonesia's ethnic Chinese minority is at least a `disfavored group.'" Id. at 927. We remand for the agency to reconsider Huang's claims in light of Sael. See generally INS v. Ventura, 537 U.S. 12, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Ling Huang v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 5, 2008
314 F. App'x 9 (9th Cir. 2008)
Case details for

Ling Huang v. Mukasey

Case Details

Full title:LING HUANG, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 5, 2008

Citations

314 F. App'x 9 (9th Cir. 2008)