Lin is a native and citizen of China. She was served with a Notice to Appear in April, 1999. Lin filed an application for asylum, asserting that she was persecuted in China because of her involvement with her boyfriend who was in the army. In March, 2000, the immigration judge (IJ) denied Lin’s applications for relief and ordered her removed to China. The BIA summarily affirmed the IJ’s decision.
Lin did not return to China. Rather, in 2005, Lin married Xing Xiong Dong, a legal permanent resident (LPR) of Chinese descent. In 2007, Lin submitted a motion to reopen to the BIA based on changed country conditions. Lin argued that circumstances in China had changed since her 2000 hearing, specifically that forcible sterilizations had been mandated by government officials in the Fujian province, her birthplace, for Chinese citizens who had more than one child abroad. Lin’s affidavit in support of her motion to reopen indicated that she gave birth to a girl in 2006, a boy in 2007, and was expecting her third child to be born in May, 2008.
Lin also submitted an affidavit from her mother attesting to the forced sterilization of Lin’s sister and sister-in-law. In addition, she included a letter from the Lianxing village in the Fujian province, informing Lin that people who have two children must undergo sterilization procedures after their second child’s birth, and that because Lin was neither a citizen of the United States nor a permanent resident, she would be treated as a Chinese citizen subject to the family planning laws. The letter indicated that upon her return and the registration of her children, she “must undergo the required family planning procedures as all other local people did . . . ”
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Petitioner Lawyer(s)||Petitioner Law Firm(s)|
|Gary J. Yerman|
|Respondent Lawyer(s)||Respondent Law Firm(s)|
|David V. Bernal||United States Department of Justice|
|Michael Christopher Heyse||United States Department of Justice|
|Liza Murcia||United States Department of Justice|
|Jennifer Paisner Williams||United States Department of Justice|