AI HUA CHEN v. HOLDER

No. 12-2279.

742 F.3d 171 (2014)

AI HUA CHEN; Jin Xiu Li, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: February 5, 2014.


Attorney(s) appearing for the Case

ARGUED: Alexa Taiz Torres , Law Office of Richard Tarzia, Belle Mead, New Jersey, for Petitioners. Walter Bocchini , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Gregory Marotta , Law Office of Richard Tarzia, Belle Mead, New Jersey, for Petitioners. Stuart F. Delery , Principal Deputy Assistant Attorney General, Civil Division, Carl H. McIntyre, Jr. , Assistant Director, Christina J. Martin , Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted in part and denied in part by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge MOTZ and Judge KEENAN concurred.


TRAXLER, Chief Judge:

Petitioners Ai Hua Chen and Jin Xiu Li, both natives of China's Fujian Province, met and married in the United States and are the parents of two children born to them here. Chen and Li admit they are subject to removal, but seek asylum and withholding of removal on the basis that one or both of them will be persecuted for having violated China's one-child policy. The couple also seeks asylum and withholding of removal on the grounds that they...

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