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JIAN HUI SHAO v. BOARD OF IMMIGRATION APPEALS

Docket No. 04-3965-AG.

465 F.3d 497 (2006)

JIAN HUI SHAO, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 12, 2006.

Attorney(s) appearing for the Case

Gary J. Yerman, New York, NY, for Petitioner.

Richard H. Loftin, Assistant United States Attorney (David P. York, United States Attorney, on the brief), United States Attorney's Office for the Southern District of Alabama, Mobile, AL, for Respondent.

Before CALABRESI, CABRANES, and WESLEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether a person who fathers or gives birth to two or more children in China, in apparent violation of China's family planning policies, may qualify on that basis alone as "a person who has a well founded fear that he or she will be forced" by the Chinese government "to abort a pregnancy or to undergo involuntary sterilization" and may accordingly qualify as a refugee. See 8 U.S.C. § 1101(a)(42) (defining...

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