Legal Opinion

Xin He v. Loretta E. Lynch

Court of Appeals for the Ninth Circuit

Decided July 27, 2015No. 12-71648Unpublished

1Opinion of the Court

MEMORANDUM *

Petitioner Xin Yu He petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of the Immigration Judge’s (“IJ”) decision denying his claim for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand the case to the BIA to reassess He’s jurisdictional argument under the Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”).

1. He argues that the TVPRA divests the IJ of jurisdiction over his asylum application. The TVPRA gives “unaccompanied alien children” 1 the…

2Cases cited3 opinions

  1. Tamang v. HolderCourt of Appeals for the Ninth Circuit · 2010
  2. Ai Zhi v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
  3. Darwin Mazariegos-Diaz v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015

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