United States Second Circuit

In a petition for review of the BIA's order denying petitioner's asylum application, the petition is denied where: 1) the BIA's conclusion that an involuntary IUD insertion was not an "involuntary sterilization" was permissible under Chevron; and 2) thus, the BIA's interpretation that a forced IUD insertion is not a per se ground for granting asylum is entitled to deference.

Appellate Information

• Argued 11/23/2009
• Decided 01/12/2010
• Published 01/12/2010

Judges

• PER CURIAM:, Before FEINBERG, WALKER and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David X. Feng, New York, NY, for Petitioner.


• For Appellees:
  
• Kiley L. Kane, Trial Attorney (Michael F. Hertz, Acting Assistant Attorney General, Civil Division, Jennifer L. Lightbody, Senior Litigation Counsel, of counsel), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.