Pan

MEMORANDUM **

Biao Pan, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of his application for asylum. Pan contends that he was in a common law relationship with a woman, A Zhen, who died after being forced to abort their child, and that he therefore falls within the definition of a refugee. Pan also claims that due to his friendship with Ah Hua, an alleged smuggler and Taiwanese spy, he has a well-founded fear of persecution should he return to China. Pan also claims that his opposition to China’s coercive family planning policies demonstrates that he has well-founded fear of persecution should he return.

“Concern for the victims of [China’s] harsh population control practices prompted Congress to amend the definition of refugee to include a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program.” Li v. Ashcroft, 356 F.3d 1153, 1157 (9th Cir.2004) (citation and internal quotation marks omitted); see also…