Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-2021-37 next last
YES! 9th Circuit no less.
1 posted on 01/30/2004 11:26:55 AM PST by CounterCounterCulture
[ Post Reply | Private Reply | View Replies]

More articles to follow...
2 posted on 01/30/2004 11:28:46 AM PST by CounterCounterCulture (End the culture of death!)
[ Post Reply | Private Reply | To 1 | View Replies]

From San Francisco Chronicle...


3 posted on 01/30/2004 11:31:47 AM PST by CounterCounterCulture (End the culture of death!)
[ Post Reply | Private Reply | To 2 | View Replies]

From KNTV-11...


4 posted on 01/30/2004 11:35:20 AM PST by CounterCounterCulture (End the culture of death!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: cpforlife.org; nickcarraway
PINGS requested
5 posted on 01/30/2004 11:36:28 AM PST by CounterCounterCulture (End the culture of death!)
[ Post Reply | Private Reply | To 4 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 7 | View Replies]

To: thoughtomator
bump
11 posted on 01/30/2004 11:56:10 AM PST by junta
[ Post Reply | Private Reply | To 9 | View Replies]

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)
[ Post Reply | Private Reply | To 9 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 10 | View Replies]

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!)
[ Post Reply | Private Reply | To 14 | View Replies]

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!)
[ Post Reply | Private Reply | To 15 | View Replies]

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...)
[ Post Reply | Private Reply | To 5 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 15 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-37 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson