Tang

I. Facts and Procedural History

Tang and his wife, Li Zhen, met while they were both working in China. Tang was a carpenter. Li Zhen did book- TANG v. GONZALES 6865 keeping for a company that repaired houses. Neither had reached the age required by China’s population control poli- cies to register for marriage. Nonetheless, they chose to live together “as husband and wife.”

Tang testified that in 1980, Li Zhen discovered that she was pregnant. In April or May of 1980, Li Zhen’s company required her to undergo a gynecological examination. During that exam, the company discovered that Li Zhen was preg- nant. Tang testified that because he and Li Zhen were under- age and because they did not have documentation of an official marriage, the employer’s policy required Li Zhen to “abort the baby immediately.” Li Zhen knew of this company policy at the time of her exam. The company told Li Zhen that the day after the exam she must have an abortion.

The next day Li Zhen did not go to work. Instead, she “pre- pare[d] herself for the abortion.” Tang also did not go to work. In the afternoon, company officials came to their home and “took” Li Zhen to the Fun Tsang…