Circuit split · immigration law
Whether the spouse or unmarried partner of a person subjected to a forced abortion or sterilization is automatically eligible for asylum as a refugee under the coercive-population-control provision of 8 U.S.C. § 1101(a)(42).
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Second Circuit Court of Appeals · July 16, 2007
“Instead, the majority has gone out of its way to create a circuit split where none need exist, see Maj.” — Acknowledges a circuit split
Empirical analysis of this case →
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.
- Discussed · 3d Cir.Cai Luan Chen v. Ashcroft381 F.3d 221
“Ashcroft, 381 F.3d 221 , 227 (3d Cir.2004) (Alito, J.) (assuming “for the sake of argument” that “C-Y-Z-’s interpretation is permissible” as applied to legal spouses and then determining whether the BIA was reasonable in distinguishing “between married and unmarried couples”).” — Shi Liang Lin v. United States Department of Justice, acknowledging the split
What the split turns on
- Anchor precedents:
- C-Y-Z-
- Statutes:
- § 101(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.