Circuit split · immigration law
Whether an applicant's spouse (or partner) is automatically eligible for asylum as a refugee based on the spouse's forced abortion or sterilization under a coercive population-control program.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Second Circuit Court of Appeals · July 16, 2007
“3 We recognize that this decision creates a split among the circuits.” — Creates a split
Empirical analysis of this case →
The provision at issue
8 U.S.C. § 1101 — Definitions
“(a) As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to section 1104(b) of this title . (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Declined to follow · B.I.A.S-L-L-24 I. & N. Dec. 1
- Discussed · B.I.A.In re Xian Zou
“2 The petition of Xian Zou is dismissed for lack of jurisdiction.” — Shi Liang Lin v. United States Department of Justice, acknowledging the split
What the split turns on
- Statutes:
- 8 U.S.C. § 1101(a)(42)
- Doctrines & tests:
- Chevron deference
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.