United States Court of Appeals For the Seventh Circuit
Immigration – asylum – China — forced sterilization
Where an asylum applicant from China underwent a forced abortion in China, and had two children in the United States, it was error the BIA to conclude that she would not be forcibly sterilized if removed.
“There is no sound basis for us to resolve Zheng’s petition for review differently from the petitions for review in Ni and Chen. Cf. Njuguna v. Ashcroft, 374 F.3d 765, 771 n.4 (9th Cir. 2004) (‘The INS must give each asylum case individualized scrutiny, but it is a foundation of the rule of law that similarly situated individuals be treated similarly.’). Accordingly, Zheng is entitled to have the Board reconsider her application in light of the materials referenced in those two decisions.”
Petitions for Review of Orders of the Board of Immigration Appeals, Feinerman, J.