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TIAN MING LIN v. U.S. DEPT. OF JUSTICE

Docket No. 06-2356-AG.

468 F.3d 167 (2006)

TIAN MING LIN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales, Respondents.

United States Court of Appeals, Second Circuit.

Decided: October 30, 2006.

Attorney(s) appearing for the Case

Yee Ling Poon, Robert Duk-Hwan Kim, Law Offices of Yee Ling Poon, New York, NY, for petitioner.

R. Alexander Acosta, United States Attorney for the Southern District of Florida, Anne R. Schultz, Chief, Appellate Division, Laura Thomas Rivero and Kathleen M. Salyer, Assistant United States Attorneys, Miami, FL, for respondents.

Before POOLER, SOTOMAYOR, and KATZMANN, Circuit Judges.

PER CURIAM.

Petitioner Tian Ming Lin, a citizen of the People's Republic of China, moves to remand his case to the Board of Immigration Appeals ("BIA") on the basis of previously unavailable evidence suggesting that forced sterilization is part of the official family-planning policy in Changle City, Fujian Province, China, and that this policy is applied to the repatriated parents of foreign-born children. As the father of two U.S.-born children, Lin claims that he...

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