Whether the spouse or partner of a person subjected to a forced abortion or sterilization is automatically eligible for refugee/asylum status under the coercive-population-control provision of INA § 101(a)(42)

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 · 3d Cir.Chen v. Ashcroft381 F.3d 221

  “Ashcroft, 381 F.3d 221 , 226 (3d Cir.2004) (Alito, J.), a divided panel of the Third Circuit recently validated the BIA’s interpretation of § 601(a) over a vigorous dissent.” — Shi Liang Lin v. United States Department of Justice, acknowledging the split

• Joined by · 3d Cir.Sun Wen Chen v. U.S. Att'y Gen.491 F.3d 100
• Joined byZhang434 F.3d 999

  “The circuits are already split over whether § 601(a) provides protection for individuals who marry in traditional ceremonies not recognized by their government and later seek asylum based on the forced abortion or sterilization of their "common law spouses.” The Seventh and Ninth Circuits have held that the statute covers spouses from traditional marriage ceremonies, see Zhang, 434 F.3d at 999 ; Zhu v.” — Shi Liang Lin v. United States Department of Justice, acknowledging the split

• Joined by · 7th Cir.Zhu v. Gonzales465 F.3d 316
• Joined by · 9th Cir.Ma v. Ashcroft361 F.3d 553

  “Ashcroft, 381 F.3d 221 , 226 (3d Cir.2004) (Alito, J.), a divided panel of the Third Circuit recently validated the BIA’s interpretation of § 601(a) over a vigorous dissent.” — Shi Liang Lin v. United States Department of Justice, acknowledging the split

• On the other side · 1st Cir.Chen v. Gonzales418 F.3d 110
• Declined to follow · 5th Cir.Zhang v. Ashcroft395 F.3d 531

  “Ashcroft, 381 F.3d 221 , 226 (3d Cir.2004) (Alito, J.), a divided panel of the Third Circuit recently validated the BIA’s interpretation of § 601(a) over a vigorous dissent.” — Shi Liang Lin v. United States Department of Justice, acknowledging the split

• Declined to follow · 11th Cir.Wang v. U.S. Att'y Gen.152 Fed.Appx. 761

What the split turns on

Doctrines & tests:

Chevron step one ·

Chevron step two