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SHAO v. MUKASEY

Docket Nos. 07-2689-ag, 07-2666-ag, 07-3415-ag,(L), 08-1091-ag(CON).

546 F.3d 138 (2008)

Jian Hui SHAO, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent. Ji Wen Shi, Petitioner, v. Michael B. Mukasey, Attorney General of the United States, Respondent. Show Yung Guo, Petitioner, v. Michael B. Mukasey, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 10, 2008.

Attorney(s) appearing for the Case

Gary J. Yerman, New York, NY, for Petitioner Jian Hui Shao.

Gary J. Yerman, New York, N.Y. (Richard Tarzia, Belle Mead, NJ, on the brief), for Petitioner Ji Wen Shi.

Gang Zhou, New York, NY, for Petitioner Show Yung Guo.

Thomas H. Dupree, Jr., Deputy Assistant Attorney General (Aimee J. Frederickson and Michele Y.F. Sarko, Attorneys; Susan Houser, Senior Litigation Counsel; and Mary Jane Candaux, Michelle G. Latour, and Carl H. McIntyre, Assistant Directors, on behalf of Jeffrey S. Buchholtz and Gregory G. Katsas, Acting Assistant Attorneys General, on the brief), Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: RAGGI, WESLEY, and LIVINGSTON, Circuit Judges.

REENA RAGGI, Circuit Judge:

In response to reports that China was enforcing its "one family, one child" population control policy through forced abortions and forced sterilizations, in 1996, Congress expressly extended the Immigration and Nationality Act's definition of a political "refugee" to include persons who had "been forced to abort a pregnancy or to undergo involuntary sterilization, or who [had] been persecuted for failure or refusal to undergo such a procedure...

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