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Chen v. Holder (unpub)

June 20, 2013

Persecution/forced abortion, sterilization of spouse

Relying on this Court’s decision in Jiang, Chen argues for a per se rule that the forced abortion and sterilization of an asylum applicant’s spouse are conclusive proof that the applicant was persecuted. Chen misreads Jiang. While a forced sterilization or abortion inflicted on an applicant’s spouse can serve as evidence that the applicant himself or herself was persecuted, it is merely one factor among many to determine whether the mistreatment of the applicant rose to the level of persecution.   Other than the forced abortion and sterilization imposed on his wife, Chen alleged no other “circumstances” showing that he suffered persecution.  Although the treatment of Chen’s wife is extremely “disturbing and regrettable,” the record does not “compel[] the conclusion” that Chen himself suffered past persecution.

http://cdn.ca9.uscourts.gov/datastore/memoranda/2013/06/20/10-73731.pdf

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