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ZHU v. GONZALES

No. 05-60891.

493 F.3d 588 (2007)

Yuqing ZHU, Petitioner, v. Alberto GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

July 23, 2007.

Attorney(s) appearing for the Case

Brian K. Bates (argued), Reina Bates Imm. Law Group, Houston, TX, for Zhu.

Gary Layton Anderson (argued), San Antonio, TX, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston TX, for Respondent.

Before HIGGINBOTHAM, WIENER, and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Petitioner Yuqing Zhu, a native and citizen of China, previously applied for asylum and withholding of removal, contending that she qualifies for both forms of relief, because she was subjected to a forced abortion in China. The Immigration Judge ("IJ") denied the application, concluding that Zhu's asylum application was untimely and that she was not forced to have an abortion but rather chose to do so voluntarily. The Board of Immigration Appeals...

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