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DONG v. SLATTERY

No. 754, Docket 94-2723.

84 F.3d 82 (1996)

Jia-Ging DONG a/k/a Jia-Qing Dong, Petitioner-Appellant, v. William SLATTERY, District Director of the United States Immigration and Naturalization Service, New York District and David L. Milhollen, Director of the Executive Office for Immigration Review and Chairman of the Board of Immigration Appeals, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 13, 1996.

Attorney(s) appearing for the Case

Theodore N. Cox, New York City, for petitioner-appellant.

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Steven I. Froot, Asst. U.S. Atty., New York City, on the brief), for respondents-appellees.

(Joseph P. Secola, Vincent P. McCarthy, McCarthy & Secola, New Milford, CT, Thomas P. Monaghan, New Hope, KY, Keith A. Fournier, Virginia Beach, VA, submitted a brief for amicus curiae The American Center for Law and Justice, Human Life and Reproduction Project).

Before: NEWMAN, Chief Judge, MAHONEY and FRIEDMAN, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal concerns an unfortunate lack of coordination between the Legislative and Executive Branches on a matter involving deportation to the People's Republic of China ("PRC") of aliens who fear that their forced return will subject them to their country's population control policies, including forced sterilization and coerced abortion. Though both Branches have separately indicated their intention to provide relief for such aliens...

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