Yi Quan Chen v. Immigration and Naturalization Service
Opinion
Opinion
Lay, J.
This is an appeal from denial by the Board of Immigration Appeals (“BIA”) of a Chinese citizen’s application for asylum and withholding of removal pursuant to § 208(a) and § 241(b)(3) of the Immigration and Nationality Act (“I.N.A.”), 8 U.S.C. §§ 1158 (a), 1231(b)(3). We reverse and find the Petitioner is eligible for a discretionary grant of asylum, as well as a mandatory grant of withholding of removal.
I. Facts
Yi Quan Chen (“Chen”) is a twenty-five year old citizen of the People’s Republic of China (“China”). On October 5, 1994, Chen married Ai-Ling Jiang (“Jiang”) in an informal ceremony. The marriage was not recognized by the Chinese government because they were not of legal marrying age. As a result, they could not obtain a permit to have children.
In February 1995, Jiang learned she was pregnant. When they went to the clinic for a pre-natal examination, family planning officials attempted to detain the Chens because they could not provide a marriage certificate, which is required to obtain a birth permit. The couple escaped and went to stay with relatives to hide from the officials. Family planning officials continued to search for them.