Fengsan Zhao v. Holder

MEMORANDUM *

Fengsan Zhao, a native and citizen of China, petitions this Court for review of a Board of Immigration Appeals (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition.

Zhao argues that the IJ erred in ruling that he had not established that his wife was “forced” to have an abortion and to undergo involuntary sterilization within the meaning of 8 U.S.C. § 1101 (a)(42)(B), which provides:

Zhao is correct that it would have been error had the IJ denied his claim on the ground that the threat of economic sanctions cannot render an abortion “forced.” See Wang v. Ashcroft, 341 F.3d 1015, 1020 (9th Cir.2003) (abortions were forced in light of government’s threats of economic sanctions including wage deduction, termination and “unreasonably high” fines). Indeed, we have stated that “ ‘forced’ is a much broader concept, which includes compelling, obliging, or constraining by mental, moral, or circumstantial means, in addition to physical restraint.” Ding v. Ashcroft, 387 F.3d 1131, 1139 (9th Cir.2004).

However, the IJ considered Wang…