United States Seventh Circuit

Denial of an application for asylum is vacated and the case remanded to the BIA to consider: 1) what financial exactions are normally used in Fujian province in China as part of its family planning system; 2) how those consequences should be classified under the legal standard that separates inducement and encouragement from "force," which immigration law treats as persecution; and 3) new evidence placed before the BIA by the 2nd Circuit.

Appellate Information

• Argued 05/03/2007
• Decided 06/11/2007
• Published 06/11/2007

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and FLAUM and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Rekha Sharma-Crawford (argued), W. Michael Sharma-Crawford, Overland Park, KS, for Petitioner.


• For Appellees:
  
• Karen Lundgren, Department of Homeland Security Office of the Chief Counsel, Chicago, IL, Hillel R. Smith (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.