Legal Opinion

Xu Ming Li Xin Kui Yu v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided January 29, 2004No. 00-70157PublishedCited by 147 opinions

1Opinion of the Court

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge KLEINFELD.

MICHAEL DALY HAWKINS, Circuit Judge:

In this fact-intensive case, we examine the reach of congressional efforts to ease immigration asylum requirements for individuals affected by China’s population control policies. In 8 U.S.C. § 1101(a)(42)(B), Congress made clear that individuals forced to undergo abortion or sterilization *1156would be deemed to have been persecuted on account of political opinion. At issue here is the application of another category of asylum-seekers covered by this statute: those persecuted for “other…

2Cases cited17 opinions

  1. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  2. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  3. Farid Faham Gamal Ghaly v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
  4. 96 Cal. Daily Op. Serv. 2252, 96 Daily Journal D.A.R. 3751 Saideh Fisher, AKA Saideh Hassib-Tehrani Kian Hosseini Lavasani v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
  5. Kamla Prasad Meena Kumari Prasad Catherine Sandhya Prasad Micky Sudesh Prasad Ricky Sumit Prasad v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995

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3Cited by147 opinions

  1. Shi Liang Lin v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2007
  2. Khadija Mohammed v. Alberto R. Gonzales, Attorney General, Khadija Ahmed Mohamed v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  3. Chun He Li v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. Silaya v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. Jian Guo v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

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