United States Second Circuit

Plaintiffs' claims, alleging that they suffered persecution in China when their girlfriends were forced to have an abortion, is remanded since the Board of Immigration Appeals failed to articulate a reasoned basis for making spouses eligible for asylum under the Immigration Reform and Immigrant Responsibility Act.

Appellate Information

• Decided 07/29/2005
• Published 07/29/2005

Judges

• Before:  JACOBS, Chief Judge, CALABRESI, CABRANES, STRAUB, POOLER, SACK, SOTOMAYOR, KATZMANN, PARKER, RAGGI, WESLEY, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bruno Joseph Bembi, Hempstead, NY, for Petitioners Shi Liang Lin and Zhen Hua Dong., Aleksander Milch, Christophe & Associates, P.C., New York, NY, for Petitioner Xian Zou.


• For Appellees:
  
• Kathy S. Marks, Assistant United States Attorney, (Sara L. Shudofsky, Assistant United States Attorney, of counsel) for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondents the United States Department of Justice and Attorney General Gonzales.