United States Fourth Circuit

Petition for review of denial of application for relief from removal via political asylum, withholding of removal, and protection under the Convention Against Torture is reversed as to claims for asylum and withholding of removal as petitioner may establish eligibility by demonstrating that his wife was forced to undergo an abortion or that he himself has a well-founded fear of sterilization or other persecution if he returns to China.

Appellate Information

• Argued 10/27/2006
• Decided 05/30/2007
• Published 05/30/2007

Judges

• Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Yee Ling Poon, New York, New York, for Petitioner.   Lauren A. Wetzler, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Respondent.   ON BRIEF:  Robert Duk-Hwan Kim, New York, New York, for Petitioner.  Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Respondent.