YAN RONG ZHAO v. HOLDER

No. 11-73321.

728 F.3d 1144 (2013)

YAN RONG ZHAO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2013.


Attorney(s) appearing for the Case

Theodore N. Cox (argued), New York, NY, for Petitioner.

Theodore C. Hirt (argued), Senior Litigation Counsel, and Linda S. Wernery , Assistant Director, Office of Immigration Litigation; Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Washington, D.C., for Respondent.

Before: SIDNEY R. THOMAS, BARRY G. SILVERMAN, and RAYMOND C. FISHER, Circuit Judges.


OPINION

THOMAS, Circuit Judge:

Yan Rong Zhao petitions for review of the denial of her motion to reopen on the basis that she is unmarried and has two children in violation of China's family planning policy, and she fears persecution if she is returned to China. Because the Board of Immigration Appeals ("BIA") held Zhao to an incorrect legal standard and failed to properly consider much of her relevant evidence, it abused its discretion in denying her motion...

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