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Asylum backed for woman opposing childbirth policy (Chinese one-child/abortion policy)
San Jose Mercury News ^ | 30 January 2004 | Jessie Mangaliman

Posted on 01/30/2004 11:26:53 AM PST by CounterCounterCulture

Asylum backed for woman opposing childbirth policy

A Chinese woman who was subjected to a harrowing medical examination after expressing her objection to China's one-child policy should be granted political asylum in the United States, a federal appeals court ruled Thursday.

The 9th U.S. Circuit Court of Appeals ruling broadens the legal definition of political persecution, said Robert Jobe, a San Francisco attorney who represented the woman.

Asylum seekers from China who can prove that they've been forced to undergo abortion or sterilization are granted political asylum in the United States.

But in its ruling, the court judges said the woman, Xu Ming Li, in her 20s, deserves asylum for resisting China's tough population-control edict of one-child per family.

Li and her boyfriend Xin Kui Yu, also in his 20s, arrived in San Francisco in 1999 from the southern China province of Fujian. They immediately sought asylum but were denied.

In China, Li was forced to undergo a gynecological examination in which she was held down by two men. Chinese officials allegedly threatened that if she got pregnant she would be forced to have an abortion, and her boyfriend would be sterilized.

The couple were ordered deported by U.S. immigration officials in January 2000. The couple then appealed before the 9th Circuit Court. Yu's case is still being reviewed.

-- Jessie Mangaliman

(Excerpt) Read more at mercurynews.com ...


TOPICS: Culture/Society; Foreign Affairs; Government; News/Current Events; US: California
KEYWORDS: abortion; asylum; china; chinese; communism; infanticide; ninthcircuit; onechildpolicy; xinkuiyu; xumingli
YES! 9th Circuit no less.
1 posted on 01/30/2004 11:26:55 AM PST by CounterCounterCulture
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More articles to follow...
2 posted on 01/30/2004 11:28:46 AM PST by CounterCounterCulture (End the culture of death!)
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From San Francisco Chronicle...


3 posted on 01/30/2004 11:31:47 AM PST by CounterCounterCulture (End the culture of death!)
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From KNTV-11...


4 posted on 01/30/2004 11:35:20 AM PST by CounterCounterCulture (End the culture of death!)
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To: cpforlife.org; nickcarraway
PINGS requested
5 posted on 01/30/2004 11:36:28 AM PST by CounterCounterCulture (End the culture of death!)
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To: CounterCounterCulture
Chinese officials allegedly threatened that if she got pregnant she would be forced to have an abortion, and her boyfriend would be sterilized.

I hope she isn't expecting sympathy from the 9th Circus. They don't have any problem with murdering unborn children.

6 posted on 01/30/2004 11:41:55 AM PST by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: CounterCounterCulture
The possible grounds for asylum are persecution on the basis of:

1) Race
2) Religion
3) Nationality
4) Political Opinion
5) Membership in a particular social group
6) Torture convention

The only one that can reasonably be applied is the last one. If this is the case, then this ruling gives basically a free pass for any Chinese citizen who wants to come to the US to claim asylum (all 1.2 billion plus), given that the treatment this woman experienced is the standard state policy of China.
7 posted on 01/30/2004 11:48:49 AM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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To: CounterCounterCulture
9th Circuit Opinion in Li v. Ashcroft
8 posted on 01/30/2004 11:51:11 AM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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To: CounterCounterCulture
Ooh I just read the decision... it's based on political opinion, not torture. The floodgates are open, any Chinese citizen who wants to come here can simply state their opposition to the China policy, and they can get asylum.
9 posted on 01/30/2004 11:52:27 AM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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To: thoughtomator; PhiKapMom; Polly; Howlin; Poohbah; Miss Marple; Luis Gonzalez; JohnHuang2; ...
Even a blind hog will find an occasional acorn - and in this case, the Ninth Circuit got it right.

Quite frankly, I am disgusted with the thought that ANYONE would think of sending someone back to live under that policy. I think the United States government should not be an accessory to infanticide. Probably ticks off the "culture" warriors, but I really don't care.

This is one of those cases where people ought to be cut some slack vis-a-vis immigration law.
10 posted on 01/30/2004 11:54:57 AM PST by hchutch ("I find this notion of the press .. a fascinating, sometimes troubling concept." Ambassador Delenn)
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To: thoughtomator
bump
11 posted on 01/30/2004 11:56:10 AM PST by junta
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To: thoughtomator
IIRC, she announced her intention to defy that policy. Quite frankly, I would prefer that my country not be an accomplice to infanticide - which is what the PRC's population control policy allows for.
12 posted on 01/30/2004 11:56:41 AM PST by hchutch ("I find this notion of the press .. a fascinating, sometimes troubling concept." Ambassador Delenn)
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To: CounterCounterCulture
This is hopeful . Immigration closes it's eyes to "undocumented " workers and wants to export a couple with a legitimate excuse to be here...

I never thought I would thank the 9th circuit

13 posted on 01/30/2004 12:00:33 PM PST by RnMomof7
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Comment #14 Removed by Moderator

To: hchutch
There's a problem when the ideology meets reality - behaviors to which no person of conscience would want to assist, or to be associated with, are very common throughout the world.

Do we simply give asylum to everybody who lives under a tyrant?
15 posted on 01/30/2004 12:04:55 PM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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To: FreepShop
Who's "sneaking" in here?
They're here saying "save me"
16 posted on 01/30/2004 12:07:16 PM PST by CounterCounterCulture (End the culture of death!)
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To: thoughtomator
They're often better Americans than those who have been here for generations. They appreciate freedom because they know what it's like to lose it.
17 posted on 01/30/2004 12:09:23 PM PST by CounterCounterCulture (End the culture of death!)
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To: CounterCounterCulture
Bump
18 posted on 01/30/2004 12:09:46 PM PST by NormsRevenge (Semper Fi Mac ...... /~normsrevenge - FoR California Propositions/Initiatives info...)
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To: CounterCounterCulture
Why can the 9th Circuit do something about this in China? They would fit right in. I'll bet a lot of us would pay their passage (one way) over.
19 posted on 01/30/2004 12:28:54 PM PST by freekitty
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To: thoughtomator
Are you willing to live with sending someone to face that if they DID manage to make it here? I do not wish for my country to be an accomplice to infanticide. It is as simple as that.

Sending her back is pretty much saying that the United States govenrment has no problem with China's population control laws. And quite frankly, I'm disgusted it took a ruling from the Ninth Circuit, of all places, to pretty much do what should have been a no-brainer when she first made that asylum claim.

There was a front-page story in the Washington Post about efforts to deny asylum to a Buddhist nun facing religious persecution. Again, a pretty open-and-shut case in my book. Again, Homeland Security is screwing up.

It's a big reason why I think the President's policy on dealing with immigration is far preferable to that of Michelle Malkin. I do not think that "rule of law" should be used to defend misapplications of the law (such as these asylum cases and that of Elian Gonzalez) or to excuse bad laws (like the handgun ban in Wilmette, Illinois).
20 posted on 01/30/2004 12:31:08 PM PST by hchutch ("I find this notion of the press .. a fascinating, sometimes troubling concept." Ambassador Delenn)
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To: hchutch
We send people back to countries where they are tortured and killed all the time. This is not the equivalent of saying that we support torture and murder.

The rule of law is not perfect, but it's better than any other method ever tried by mankind. Let's face it, if this were Egypt with this policy rather than China, people here on FR would be hysterical over this, and give the usual "9th Circus" cries of outrage.

If you feel that a different standard than what the law says is in order, then you are well within your rights to advocate that standard. However, the 9th Circuit is not a "superlegislature", nor is any other court, and it cannot rewrite the law to please itself, or to please anyone else.

It is not useful to imagine that policies have no consequences. In this case, the consequence is that we are giving basically the entire population of China an invitation to come to the US and claim asylum. This is not the intent of our asylum laws; if it were, they would never have made it past Congress, under either Democrat or Republican rule.

Whatever our standard is, the law should reflect it.
21 posted on 01/30/2004 12:42:10 PM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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To: All
Everybody here who is pro-life OUGHT to be supporting the asylum. You cannot have it both ways. You cannot say, "Abortion is wrong", on the one hand and then refuse to help someone who is trying to avoid an abortion.

Does a Chinese baby have less of a soul than an American baby? The Church ought to be backing this and sponsoring these women.

And , BTW, I agree. A lot of these folks DO become better Americans than many of our own "citizens". They work hard, make their children study and often succeed within the first generation.

Tia

22 posted on 01/30/2004 12:51:20 PM PST by tiamat ("Just a Bronze-Age Gal, Trapped in a Techno World!")
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To: hchutch
bttt
23 posted on 01/30/2004 12:57:49 PM PST by PRND21
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To: tiamat
Agreed.
24 posted on 01/30/2004 1:03:08 PM PST by hchutch ("I find this notion of the press .. a fascinating, sometimes troubling concept." Ambassador Delenn)
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To: thoughtomator; votelife
The other thing to note was that this brave woman probably feel into the "other resistance" category. She clearly was resisting the barbaric policy of the People's Republic of China.

If anything, if you want the definition of "other resistance" changed, then YOU are the one who needs to ask Congress to change the law to eliminate that. The Ninth Circuit got this one right. It occasionally happens.
25 posted on 01/30/2004 1:14:57 PM PST by hchutch ("I find this notion of the press .. a fascinating, sometimes troubling concept." Ambassador Delenn)
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To: Blood of Tyrants
Actually, the Ninth got this one right. I guess UNWANTED abortion is something they cannot stand.

I think that sexual assault for her vocal resistance to the policy also played a role. And she put up a fight, too.
26 posted on 01/30/2004 1:25:16 PM PST by hchutch ("I find this notion of the press .. a fascinating, sometimes troubling concept." Ambassador Delenn)
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To: thoughtomator; hchutch
Here's your water to wash your hands, Mr. Pilate.
27 posted on 01/30/2004 1:28:13 PM PST by Poohbah ("Would you mind not shooting at the thermonuclear weapons?" -- Maj. Vic Deakins, USAF)
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To: CounterCounterCulture
BUMP
28 posted on 01/30/2004 2:49:37 PM PST by nickcarraway (www.terrisfight.org)
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Comment #29 Removed by Moderator

To: FreepShop
The Founding Fathers didn't form this nation to support communism, either.
30 posted on 01/30/2004 3:34:58 PM PST by nickcarraway (www.terrisfight.org)
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To: FreepShop; CounterCounterCulture
Hmmm, so you are one of those types who believe only the Indians should live here. Mostly everyone else came here for religious or other freedoms.
31 posted on 01/30/2004 3:37:03 PM PST by nickcarraway (www.terrisfight.org)
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To: Canticle_of_Deborah; Desdemona; NYer; Salvation; Aunt Polgara; NormsRevenge; Flying Circus; ...
ping
32 posted on 01/30/2004 3:39:01 PM PST by nickcarraway (www.terrisfight.org)
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To: m1-lightning
ping
33 posted on 01/30/2004 3:39:27 PM PST by nickcarraway (www.terrisfight.org)
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To: hchutch; Poohbah
I think you two are somehow inferring that I don't think that forced abortions are a horrible thing. I happen to be quite the pro-life absolutist, for your information, and that is not my basis for skepticism in this case.

You see, I handle asylum claims every single day. We have clients who have gone through far worse - torture, rape, indefinite detention, house/store burnings, whole families killed. None of these people get an easy ride in on asylum.

You either don't realize the implications of what you are saying, or you're in a tiny minority on FR, because if we are to accept every bleeding-heart story as a valid asylum claim, it's an open invitation to the entire world to settle here. Things are much worse in most of the countries on the planet than you may realize - an asylum policy based on sympathy is a call to have several billion people live in the USA. Do you really want that?
34 posted on 01/30/2004 4:20:12 PM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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To: nickcarraway
I have a solution for the immigration fear-mongers..

...and so on and so forth.

In the end we get better Americans and the leftist pukes get to experience something other than the freedoms they took for granted ;-)

35 posted on 01/30/2004 4:48:51 PM PST by CounterCounterCulture (End the culture of death!)
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To: CounterCounterCulture
I like it!

;-)

Tia

36 posted on 01/30/2004 4:58:29 PM PST by tiamat ("Just a Bronze-Age Gal, Trapped in a Techno World!")
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To: CounterCounterCulture
I'd take that one in a heartbeat
37 posted on 01/30/2004 10:23:30 PM PST by thoughtomator ("I will do whatever the Americans want because I saw what happened in Iraq, and I was afraid"-Qadafi)
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