United States Third Circuit

Upon en banc review, the circuit court finds that section 601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) clearly and unambiguously states congressional intent to limit "refugee" status to one who is actually subjected to the coercive family planning procedure, and overrules its precedent to the contrary, which deferred to the BIA's "spousal eligibility" rule.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• Before: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, WEIS and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David X. Feng, Esq., The Feng & Associates, New York, NY, for Petitioner., Nancy Winkelman, Esq., Schnader Harrison Segal & Lewis, Philadelphia, PA, Amicus Curiae.


• For Appellees:
  
• Thomas H. Dupree, Jr., Esq., United States Department of Justice, Richard M. Evans, Esq., Paul Fiorino, Esq., Sada Manickam, Esq., Song E. Park, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, D.C. for Respondent.