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CHEN v. I.N.S.

No. 95-16179.

95 F.3d 801 (1996)

De You CHEN, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE; Thomas J. Schiltgen, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1996.

Attorney(s) appearing for the Case

Paul M. Isel, Tsoi & Isel, Los Angeles, California; Helen Morris, Catholic Legal Immigration Netword, Inc., Washington, D.C.; for petitioner-appellant.

Patricia A. Duggan, Assistant United States Attorney, San Francisco, California; Kristin A. Cabral, Office of Immigration Litigation, Civil Division, Washington, D.C.; for respondents-appellees.

Before: SCHROEDER, D.W. NELSON and KOZINSKI, Circuit Judges.

SCHROEDER, Circuit Judge

De You Chen ("Chen"), a native and citizen of the People's Republic of China ("PRC"), appeals the district court's denial of his petition for writ of habeas corpus under 8 U.S.C. § 1105a(b). He seeks relief from a final order of the Board of Immigration Appeals ("BIA") denying his application for political asylum under 8 U.S.C. § 1158. Chen argues that the PRC's application of its one child per couple birth control policy constitutes...

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