United States Second Circuit

Denial of application for asylum and other relief, based on finding that petitioner's testimony on his fear of persecution was not credible, is vacated and remanded for the BIA to decide in the first instance whether a person who fathers or gives birth to two or more children in China, in apparent violation of China's family planning policies, may qualify on that basis alone as a person who has a well founded fear that he or she will be forced by the Chinese government to abort a pregnancy or to undergo involuntary sterilization and may accordingly qualify as a refugee.

Appellate Information

• Decided 10/12/2006
• Published 10/13/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before CALABRESI, CABRANES, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary J. Yerman, New York, NY, for Petitioner.


• For Appellees:
  
• Richard H. Loftin, Assistant United States Attorney (David P. York, United States Attorney, on the brief), United States Attorney's Office for the Southern District of Alabama, Mobile, AL, for Respondent.