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LIN-JIAN v. GONZALES

No. 05-1693.

489 F.3d 182 (2007)

Chen LIN-JIAN, a/k/a Jian Cheng Lin, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: May 30, 2007.

Attorney(s) appearing for the Case

ARGUED: Yee Ling Poon, New York, New York, for Petitioner. Lauren A. Wetzler, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Respondent. ON BRIEF: Robert Duk-Hwan Kim, New York, New York, for Petitioner. Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Respondent.

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Petition granted in part and denied in part by published opinion. Judge TRAXLER wrote the majority opinion. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part. Judge SHEDD wrote an opinion concurring in part and dissenting in part.

OPINION

TRAXLER, Circuit Judge.

Chen Lin-Jian, a native of the People's Republic of China, claims that he fled to the United States in order to escape China's "one couple, one child" policy. Lin...

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