Second Circuit denied asylum for spouses of one child policy victims

On July 16, 2007, the US Court of Appeals for the Second Circuit ruled that the spouses and unmarried partners of women who have faced inhumane treatment under Chinese population control measures do not automatically qualify for asylum. The court said section 601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly protected those who are 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," but is unambiguous in not extending automatic refugee protection beyond that. The court acknowledged that by overturning the Board of Immigration Appeals ruling, they were conflicting with decisions in a number of other circuits.



Learn more about immigration from the JURIST news archive.

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