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CHEN v. ASHCROFT

No. 03-3124.

381 F.3d 221 (2004)

Cai Luan CHEN, Petitioner v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed August 20, 2004.

Attorney(s) appearing for the Case

Theodore N. Cox, Joshua Bardavid (Argued), New York, NY, for Petitioner.

Peter D. Keisler, David V. Bernal, Jocelyn L. Wright (Argued), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington D.C., for Respondent.

Before ALITO, SMITH, and WALLACE, Circuit Judges.

ALITO, Circuit Judge.

Cai Luan Chen petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of his application for asylum and withholding of removal. Chen's primary argument is that he is eligible for asylum based on his fiancee's forced abortion at the hands of Chinese government officials. In making this argument, Chen relies on a decision of the Board of Immigration Appeals holding that the spouse of a person who was...

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