Zi Zhi Tang v. Alberto R. Gonzales, Attorney General

We review the petition of Zi Zhi Tang (“Tang”), a native and citizen of the People’s Republic of China. Tang filed an application for asylum and withholding of removal, alleging that the abortion performed on his wife, Li Zhen Tang (“Li Zhen”), constituted persecution by the Chinese government as a forced abortion under 8 U.S.C. § 1101 (a)(42)(B). The Immigration Judge (“IJ”) denied Tang’s application, stating that Tang had not demonstrated that the abortion procedure performed on his wife was “forced” within the meaning of the statute. The Board of Immigration Appeals (“BIA”) affirmed. We grant the petition for review.

We hold that Tang established that Li Zhen underwent a forced abortion within the meaning of § 1101(a)(42)(B), see Ding v. Ashcroft, 387 F.3d 1131, 1139 (9th Cir.2004), and is therefore statutorily eligible for asylum. We remand for the Attorney General to exercise discretion on Tang’s asylum claim. We further hold that victims of forced abortion, like victims of forced sterilization, are statutorily entitled to withholding of removal. We therefore grant withholding of removal.

I. Facts and Procedural History

Tang and his wife, Li Zhen, met while they were both…