United States Second Circuit

Petition for review of a Board of Immigration Appeals decision upholding an order of removal and ruling that, for purposes of evaluating a claim for relief from removal, the involuntary insertion of an intrauterine contraceptive device does not equate to involuntary sterilization or otherwise constitute persecution in the absence of aggravating circumstances and a nexus to petitioners' resistance to China’s population control policy, is dismissed in part, denied in part, and granted in part where the BIA failed to articulate the aggravating circumstances and nexus standards it applied to this case with sufficient clarity to permit judicial review.

Appellate Information

• Decided 02/01/2011
• Published 02/01/2011

Judges

• RAGGI

Court

• United States Second Circuit

Counsel