Lin

Lin v. Gonzales

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 11, 200604-70422California3,690 words

Opinion

Opinion

BACKGROUND

Lin is a native citizen of the People’s Republic of China. While living in a rural area of a small island called Dongqiang Town in Pingtan County, China, Lin met his wife, Yu Lan Chen (“Chen”). Their relationship developed quickly and Chen unexpectedly became pregnant with their first child, which prompted the couple to consider getting married. Because Chen had not reached the legal age for marriage, Lin contacted a family friend at the marital registration office of Dongqiang Town to falsify Chen’s age. As a result, the couple married and received a “Marriage Certificate.”

After they were married, Lin and Chen had three children. Within a month after the birth of their first child, a girl, the family planning unit of Dongqiang Town assessed the couple a fine for having failed to obtain permission to conceive, oth- erwise known as an “unplanned birth.” The town officials then detained Lin for seven days until his family was able to pay the fine.

Shortly thereafter, family planning officials required Chen to have an intrauterine device (IUD) and periodic gynecologi- cal examinations in accordance with local family planning regulations. Lin and Chen were unhappy with…

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