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XIAN TONG DONG v. HOLDER

No. 12-1091.

696 F.3d 121 (2012)

XIAN TONG DONG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided October 3, 2012.

Attorney(s) appearing for the Case

Nathan Weill and Law Office of Nathan Weill on brief for petitioner.

Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Terri J. Scadron , Assistant Director, and Shahrzad Baghai , Trial Attorney, Office of Immigration Litigation, Civil Division, on brief for respondent.

Before THOMPSON, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

This case requires us to decide, for the first time, whether 8 U.S.C. § 1101(a)(42)(B), a statute enacted to pave the way for asylum for victims of China's coercive population control policies, extends automatically to a spouse of a person forced to undergo an abortion. We join several of our sister circuits in holding that it does not.

The issue arises in connection with the asylum application of Xian Tong Dong, a Chinese national...

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