United States Ninth Circuit

An asylum-seeker who announced her opposition to China's population control policies and was thereafter subjected to a forced gynecological exam and threatened with future abortion, sterilization of her boyfriend, and arrest, is deemed to have been persecuted on account of political opinion per 8 U.S.C. section 1101(a)(42)(B).

Appellate Information

• Decided 01/29/2004
• Published 01/29/2004

Judges

• Before:  SCHROEDER, Chief Judge, PREGERSON, REINHARDT, T.G. NELSON, KLEINFELD, HAWKINS, THOMAS, GRABER, WARDLAW, PAEZ, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe (argued), Law Office of Robert B. Jobe, San Francisco, CA, Karen Musalo and Stephen Knight, Center for Gender and Refugee Studies, San Francisco, CA, Michael P. Karr, Michael P. Karr & Associates, Sacramento, CA, for the petitioners., Dr. John Aird, Silver Spring, MD, amicus curiae in support of petitioners.


• For Appellees:
  
• Greg D. Mack (argued), Alison R. Drucker and Russell J.E. Verby, U.S. Department of Justice, Washington, DC, for the respondent.