United States Second Circuit

In case involving BIA holding that an individual whose spouse has been forced to abort a pregnancy, undergone involuntary sterilization, or been persecuted under a coercive population control program could automatically qualify for asylum as a "refugee" under section 601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, such holding is incorrect. The BIA failed to acknowledge language in section 601(a) that is unambiguous and does not extend automatic refugee status to spouses or unmarried partners of individuals section 601(a) expressly protects. (On rehearing en banc)

Appellate Information

• Decided 07/16/2007
• Published 07/16/2007

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.