Qili Qu v. Alberto Gonzales, Attorney General
Opinion
Opinion
Reinhardt, J.
The question before us is whether a husband is entitled to withholding of removal solely by virtue of the fact that his wife has been involuntarily sterilized pursuant to a coercive population control program. We hold that, just as a husband is statutorily eligible for asylum in such circumstance, he is also entitled, without more, to withholding of removal. He need make no further showing or meet any further conditions nor requirements in order to obtain such relief.
I.PROCEDURAL POSTURE
Qili Qu, a native and citizen of China, entered the United States on March 14, 1997 on a valid B-l visa. He applied for asylum on April 16, 2001. At his immigration hearing, Qu requested asylum; withholding of removal, and relief under the Convention Against Torture (“CAT”). On October 9, 2001, an Immigration Judge (“IJ”) denied his application for asylum as untimely and rejected all of his requests for relief on the alternative grounds that he did not testify credibly and that he had no future fear of persecution. Qu timely appealed the IJ’s decision to the Board of Immigration Appeals (“BIA”), which upheld that decision in all respects on February 13, 2003.