Legal Opinion

Xian Tong Dong v. Holder

Court of Appeals for the First Circuit

Decided October 3, 2012No. 12-1091PublishedCited by 15 opinions

1Opinion of the Court

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, who seeks to remain in the United States because of, among other things, his wife’s forced abortion. Before us, he solicits judicial review of…

2Cases cited23 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  3. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
  4. Shi Liang Lin v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2007
  5. Hongsheng Leng v. MukaseyCourt of Appeals for the Second Circuit · 2008

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3Cited by15 opinions

  1. A-BBoard of Immigration Appeals · 2018
  2. Sanchez-Vasquez v. GarlandCourt of Appeals for the First Circuit · 2021
  3. Moreno v. HolderCourt of Appeals for the First Circuit · 2014
  4. Cabrera v. LynchCourt of Appeals for the First Circuit · 2015
  5. Jinan Chen v. LynchCourt of Appeals for the First Circuit · 2016

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