De You Chen v. Immigration and Naturalization Service Thomas J. Schiltgen

De You Chen (“Chen”), a native and citizen of the People’s Republic of China (“PRC”), appeals the district court’s denial of his petition for writ of habeas corpus under 8 U.S.C. § 1105a(b). He seeks relief from a final order of the Board of Immigration Appeals (“BIA”) denying his application for political asylum under 8 U.S.C. § 1158 . Chen argues that the PRC’s application of its one child per couple birth control policy constitutes a basis for such relief. He contends that the BIA’s decision in Matter of Chang, Int. Dec. 3107 (BIA 1989), holding that the PRC’s family planning policies do not constitute a ground for political asylum, is not dispositive because it has been overruled by administrative action. He further contends that an executive order also overruled Chang, and created a basis for asylum. The U.S. Courts of Appeals for the Second and Fourth Circuits have rejected similar contentions under factual circumstances indistinguishable from the instant one. Zhang v. Slattery, 55 F.3d 732 (2d Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 1271 , 134 L.Ed.2d 217 (1996); Chen v. Carroll, 48 F.3d 1331 (4th Cir.1995). We agree with the conclusions reached in those decisions, and…