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SHU LING NI v. BOARD OF IMMIGRATION APPEALS

Docket No. 04-3391-AG(L), 04-3389-AG(CON).

439 F.3d 177 (2006)

SHU LING NI and Zhen Fu Cheng, Petitioners, v. BOARD OF IMMIGRATION APPEALS, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 13, 2006.

Attorney(s) appearing for the Case

Gary J. Yerman, New York, NY, for Petitioners.

Kevin V. Ryan, United States Attorney, Matthew A. Lamberti, Assistant United States Attorney, Northern District of California, San Jose, CA, for Respondent.

Before: WALKER, Chief Judge, MESKILL and McLAUGHLIN, Circuit Judges.

PER CURIAM.

This consolidated appeal concerns a recurring issue in 21st century immigration law: China's family planning policy. This case presents a novel variation on this theme, because petitioners abandoned their asylum applications and based their sole claim for relief before the Immigration Judge (IJ) from removal on Article III of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment...

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