Legal Opinion

Jian Hui Shao v. Board of Immigration Appeals

Court of Appeals for the Second Circuit

Decided October 12, 2006No. Docket No. 04-3965-AGPublishedCited by 45 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether a person who fathers or gives birth to two or more children in China, in apparent violation of China’s family planning policies, may qualify on that basis alone as “a person who has a well founded fear that he or she will be forced” by the Chinese government “to abort a pregnancy or to undergo involuntary sterilization” and may accordingly qualify as a refugee. See 8 U.S.C. § 1101(a)(42) (defining “refugee”).1 We consider whether this question of statutory interpretation should be decided in the first instance by the administrative…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Zhang v. United States Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  3. Nadarjh Ramsameachire v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2004
  4. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
  5. Wei Guang Wang v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2006

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3Cited by45 opinions

  1. Jian Hui Shao v. MukaseyCourt of Appeals for the Second Circuit · 2008
  2. Felix Norbert Siewe v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2007
  3. Pierre v. GonzalesCourt of Appeals for the Second Circuit · 2007
  4. SILVA-TREVINOBoard of Immigration Appeals · 2015
  5. Saleh v. GonzalesCourt of Appeals for the Second Circuit · 2007

40 more not listed; retrieve them via the Exa API.

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