United States Second Circuit

Motion to remand to BIA based on new evidence suggesting the existence of an official policy of forced sterilization in Changle City, Fujian Province, China, is granted and case is remanded: 1) so that the BIA may determine whether evidence establishes the existence of an official policy, in Changle City or Fujian Province generally, of forced sterilization of parents of two or more children, including parents whose children were born abroad; and 2) so that the BIA may reassess, in light of this evidence, petitioner's claim that he risks forced sterilization if returned to his home province in China.

Appellate Information

• Decided 10/30/2006
• Published 10/31/2006

Judges

• PER CURIAM:, Before: POOLER, SOTOMAYOR and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Yee Ling Poon, Robert Duk-Hwan Kim, Law Offices of Yee Ling Poon, New York, NY, for petitioner.


• For Appellees:
  
• Alison R. Drucker, Senior Litigation Counsel (Peter D. Keisler, Assistant Attorney General Civil Division;  Donald E. Keener, Deputy Director, on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, DC, for respondents.