United States Ninth Circuit

Petition for review of a denial of Chinese petitioner's application for asylum and withholding of removal, which alleged that an abortion performed on his wife constituted persecution by the Chinese government as a forced abortion, is granted where: 1) petitioner established that his s wife underwent a forced abortion within the meaning of 8 U.S.C. section 1101(a)(42)(B), and was therefore statutorily eligible for asylum; and 2) victims of forced abortion, like victims of forced sterilization, are statutorily entitled to withholding of removal.

Appellate Information

• Argued 11/16/2006
• Decided 06/06/2007
• Published 06/06/2007

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before:  STEPHEN S. TROTT, KIM McLANE WARDLAW, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles J. Kinnunen, Hagatna, Guam, for the petitioner.


• For Appellees:
  
• Donald A. Couvillon, John C. Cunningham, Richard M. Evans, Joan E. Smiley, Office of Immigration Litigation, DOJ, Washington, DC, TAGU-District, Office of the District Director, Hagatna, Guam, for the respondent.