Li Bin Lin v. Alberto R. Gonzales, Attorney General

Li Bin Lin (“Lin”), a citizen of the People’s Republic of China, seeks judicial review of a Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, an application based upon his alleged persecution for resisting a coercive population control program. The BIA affirmed the Immigration Judge’s (“IJ”) decision and concluded that Lin was not eligible for asylum because he did not demonstrate, as required by the statute, “other resistance” to a coercive population control program. We disagree. Lin was beaten and threatened with arrest for attempting to prevent birth control officials from confiscating and destroying family property. We hold that Lin’s actions satisfy the “other resistance” category set forth in 8 U.S.C. § 1101 (a)(42)(B). Thus, we reverse the BIA’s decision, and remand to the BIA to determine whether, in light of this opinion, Lin suffered past persecution or has a well-founded fear of future persecution in connection with his resistance.

I

BACKGROUND

Lin lived in the Fujian province of China, in the same house as his parents, sister, two brothers, sister-in-law, and two nieces. Because Lin’s brother already had two daughters and his wife was…