Wenda Ge v. John Ashcroft, Attorney General

Petitioner Wenda Ge, a native and citizen of the People’s Republic of China, appeals a decision of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an Immigration Judge’s (“IJ”) decision to deny petitioner’s application for asylum and withholding of removal. Ge contends that he is a victim of China’s coercive population control program, and thus a refugee eligible for asylum under Section 101(a)(42)(B) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 (a)(42)(B). Ge also asserts that he is entitled to withholding of removal. See 8 U.S.C. § 1231 (b)(3).

Specifically, Ge asserts that Chinese authorities forced his wife to undergo three abortions following unauthorized and unplanned pregnancies. Ge claims that during his wife’s third unauthorized pregnancy, he was detained, interrogated, and beaten when his wife failed to appear for a mandatory physical examination. Ge also claims that both he and his wife lost their jobs at a government-owned shipping company because they violated China’s one-child policy, and that Chinese authorities threatened both Ge and his wife with sterilization.

The IJ denied asylum and withholding of removal based on an…