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LIN v. U.S. DEPT. OF JUSTICE

Docket Nos. 02-4611, 02-4629, 03-40837.

416 F.3d 184 (2005)

Shi Liang LIN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE and Attorney General Gonzales, Respondents. Zhen Hua Dong, Petitioner, v. United States Department of Justice and Attorney General Gonzales, Respondents. Xian Zou, Petitioner, v. Alberto R. Gonzales, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2005.

Attorney(s) appearing for the Case

Bruno J. Bembi, Hempstead, NY, for Zhen Hua Dong and Shi Liang Lin.

Aleksander Milch (Michael Lehach, on the brief), Christophe & Associates, P.C., New York, NY, for Petitioner Xian Zou.

David S. Rubenstein, Assistant United States Attorney (Sara L. Shudofsky, Assistant United States Attorney, of counsel) for David N. Kelley, United States Attorney for the Southern District of New York, New York, NY, Appearing for Respondents.

Before: CALABRESI, KATZMANN, B.D. PARKER, Circuit Judges.

KATZMANN, Circuit Judge.

In 1997, the Board of Immigration Appeals construed § 601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") to provide that the forced sterilization or abortion of one spouse is an act of persecution against the other spouse and that, as a result, the spouses of those directly victimized by coercive family planning policies are per se as eligible...

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