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SUN WEN CHEN v. ATTORNEY GEN. OF U.S.

No. 05-4011.

491 F.3d 100 (2007)

SUN WEN CHEN, Wen Hui Gao, Petitioners v. ATTORNEY GENERAL OF the UNITED STATES.

United States Court of Appeals, Third Circuit.

Filed: June 20, 2007.

Attorney(s) appearing for the Case

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

Peter D. Keisler, Richard M. Evans, David E. Dauenheimer, Patricia A. Smith, Brooke M. Maurer (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: McKEE, ALDISERT, Circuit Judges, RESTANI, Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Sun Wen Chen and Wen Hui Gao, husband and wife, petition for review of an order of the Board of Immigration Appeals ("BIA") that reversed the Immigration Judge's ("IJ") grant of asylum and withholding of removal. Petitioners contend that they qualify for asylum and withholding of removal because they have a well-founded fear of persecution under China's one-child policy should they be returned to China. This...

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