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ZHANG v. GONZALES

No. 01-71623.

408 F.3d 1239 (2005)

Xue Yun ZHANG, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission withdrawn December 18, 2002.

Resubmitted May 19, 2005.

Filed May 26, 2005.

Attorney(s) appearing for the Case

Peter K. Huston, Patricia Bonheyo (argued), Randall T. Kim, Elisa Lee, Latham & Watkins, San Francisco, CA, for the petitioner.

Paul Fiorino, Richard M. Evans, Michael J. Dougherty, Nancy Friedman (argued), Office of Immigration Litigation, Department of Justice, Washington, D.C., for the respondent.

Before COWEN, HAWKINS, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Xue Yun Zhang, a Chinese citizen, arrived in the United States seeking asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge ("IJ") denied relief, and the Board of Immigration Appeals ("BIA") dismissed the appeal. Ms. Zhang's petition for review presents a question of first impression in this court: is a child of a parent who was forcibly sterilized automatically eligible for...

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