ZHANG v. ASHCROFT

No. 04-60183 Summary Calendar.

395 F.3d 531 (2004)

Ru-Jian ZHANG, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

December 29, 2004.


Attorney(s) appearing for the Case

Mark Edward Jacobs, Dallas, TX, for Petitioner.

John J. Andre, Civ. Div., Thomas Ward Hussey, Director, OIL, Donald Eugene Keener, U.S. Dept. of Justice, Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before JONES, BARKSDALE and PRADO, Circuit Judges.


EDITH H. JONES, Circuit Judge:

The issue in this case is whether an unmarried, male citizen of the People's Republic of China is entitled to asylum, withholding of deportation, and protection under the Convention Against Torture because his "live-in" girlfriend, a Chinese national living in China, was fined and forced to have an abortion pursuant to China's population control program.

The BIA denied relief on the basis of its decision in Matter of C-Y-Z...

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