Court refuses asylum for Chinese couple claiming abortion threats

Associated Press (via San Jose Mercury News) ^ | 6 December 2002

[CounterCounterCulture]

SAN FRANCISCO (AP) - A couple who claimed they fled China to escape threats of forced sterilization and abortion have been denied asylum by a federal appeals court.

An immigration judge and the Board of Immigration Appeals had earlier said Xu Ming Li and Xin Kui Yu were ineligible for asylum. In an opinion filed Thursday, the 9th U.S. Circuit Court of Appeals agreed.

[Numbers Guy]

``While one many condemn the way Xu was treated as inconsistent with human rights, we cannot say that the record compels us to conclude that her treatment was an 'extreme form of cruel and inhuman treatment,' or that she would likely face such treatment on her return,'' Judge J. Clifford Wallace wrote in Thursday's opinion.

You can bet if Xu had been at risk for deportation to Pinochet's Chile under similar cicumstances, Wallace would have ruled the other way.

[CounterCounterCulture]

You betcha.

[lepton]

'extreme form of cruel and inhuman treatment,'

I think forced sterilization qualifies.

[CounterCounterCulture]

Pro-Life PING

[dennisw]

How come the USA is supposed to be the safety valve for a Chinese birth control policy? I resent this. Rightly or wrongly the Chinese government has a policy to prevent overpopulation. Are we supposed to be the off loading zone for Chinese who cannot abide by this policy?

[Arthur McGowan]

And what is your reason for making this comment? Are you racist, pro-abortion, or both?

[Argus]

You can count on the 9th Circuit. They're always wrong.

[CounterCounterCulture]

forced sterilization

Sounds anti-woman to me. Where's the outrage from the N.O.W. hags and their ilk?

[rovenstinez]

There must be 25 million similar cases in China, with the exact same situation. The Chinese have learned the loops to the system, and it's hard to prove if the facts really did warrant asylum. Tis a tough call.

[CounterCounterCulture]

You can count on the 9th Circuit. They're always wrong.

When I first saw the headline, I knew it just had to be the 9th. So typical. Where's the leftist tolerance and compassion I hear so much about?

[lepton]

Are we supposed to be the off loading zone for Chinese who cannot abide by this policy?

"Abide"? Respectfully, that is an astounding and profound trivialization.

[xJones]

How come the USA is supposed to be the safety valve for a Chinese birth control policy?

Why not? We (the taxpayers) are picking up the tab for countless Mexican babies born in this country on the public dole. Just go look in your local county hospital and see. Does this make it right? No, but theoretically Dubya will do something about it.

[dennisw]

If a nation is overcrowded I have no problem with a national birth control policy. I know that large families are the way to go and best for the children's development. But not in an overcrowded nation. If a Chinese couple cannot obey a reasonable policy I don't see why my nation is obligated to be the place where they can fulfill their dream of 2, 3, 4, 5, 6, 7 or however many children.

[dennisw]

Why not? We (the taxpayers) are picking up the tab for countless Mexican babies born in this country on the public dole. Just go look in your local county hospital and see. Does this make it right? No, but theoretically Dubya will do something about it.

On the bright side I doubt many Chinese are coming here to make one_family_one_child asylum claims. A mere drop in the bucket compared to illegal alien Mexican women making sure to have their anchor babies born here.

[colorado tanker]

Wallace is one of the saner judges in the 9th Circuit. The problem here is if the court accepted this theory, practically a billion Chinese would be eligble for asylum.

[Ronaldus Magnus]

This ruling is completely unjust. We may need a new underground railroad for people like these.