Yi Quan Chen v. Immigration and Naturalization Service

Bad Law
2001 Daily Journal DAR 9880·266 F.3d 1094·2001 WL 1042182·2001 Cal. Daily Op. Serv. 8009·2001 U.S. App. LEXIS 20154
United States Court of Appeals for the Ninth CircuitSeptember 11, 200100-70478California3,844 words

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.

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