Friday, March 02, 2007

Jiang (not precedential): BIA Must Consider Reports On China Sterilization Policy

In Jiang v. Gonzales, No. 04-2000 (3d Cir. Mar. 2, 2007) (not precedential), the Third Circuit ruled that IJ William Van Wyke and the BIA erred by failing to consider more recent State Department reports on the penalties that China imposes as part of its coercive population control policies (policies involving fines, forced abortions, and sterilizations). There were reports discussing the heavy penalties imposed in Fujian province but somehow the BIA failed to consider them even though they were submitted in evidence. Disregarding 2000 and 2001 State Department reports, the BIA and IJ Van Wyke for some reason solely considered a Profile written in 1998. Strange, really.


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