United States Second Circuit
Chen v. U.S. Dep't of Justice, 06-0762
Denial of application for asylum, withholding of removal, and relief under the Convention Against Torture, is remanded to the BIA to: 1) determine if documents identified in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir. 2006) are authentic and whether they establish the existence of an official policy of forced sterilization of parents of two or more children, including parents such as petitioner whose children were born abroad; and 2) reassess petitioner's claim that she risks forced sterilization if returned to her home city in China.
Appellate Information
- Decided 11/06/2006
- Published 11/06/2006
Judges
- PER CURIAM:, Before: POOLER, SOTOMAYOR, and KATZMANN, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Gregory Marotta, Law Office of Richard Tarzia, Belle Mead, NJ, for petitioner.
- For Appellees:
- William J. Leone, United States Attorney for the District of Colorado, Terry Fox, Assistant United States Attorney, Denver, CO, for respondents.