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LI v. ASHCROFT

No. 00-70157.

356 F.3d 1153 (2004)

Xu Ming LI; Xin Kui Yu, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2004.

Attorney(s) appearing for the Case

Robert B. Jobe (argued), Law Office of Robert B. Jobe, San Francisco, CA, and Michael P. Karr, Michael P. Karr & Associates, Sacramento, CA, for the petitioners.

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

Dr. John Aird, Silver Spring, MD, amicus curiae in support of petitioners.

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

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge KLEINFELD.

MICHAEL DALY HAWKINS, Circuit Judge:

In this fact-intensive case, we examine the reach of congressional efforts to ease immigration asylum requirements for individuals affected by China's population control policies. In 8 U.S.C. § 1101(a)(42)(B), Congress made clear that individuals forced to undergo abortion or sterilization would be deemed...

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