Chen v. Attorney General of United States, 123009 FED3, 08-4079
|Opinion Judge:||SCIRICA, Chief Judge, SMITH AND WEIS, Circuit Judges|
|Party Name:||AI FANG CHEN, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent|
|Judge Panel:||Before: SCIRICA, Chief Judge, SMITH AND WEIS, Circuit Judges.|
|Case Date:||December 30, 2009|
|Court:||United States Courts of Appeals, Court of Appeals for the Third Circuit|
Submitted Pursuant to Third Circuit LAR 34.1(a) November 12, 2009
On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A78 726 861) Immigration Judge: Rosalind K. Malloy
Petitioner Ai Fang Chen, a citizen of China, seeks review of a final order issued by the Board of Immigration Appeals ("BIA"). For the reasons that follow, we will deny the petition for review.
This matter has an extended history. In February 2000, Chen entered the United States without being admitted or paroled. In December 2000, she filed an asylum application on the basis of her political opinion, alleging that she and her husband had been persecuted by the Chinese government because they had violated the family planning policy, having had two children in China. Chen was placed into removal proceedings as an alien present in the United States without being admitted or paroled. She conceded removability but pursued her application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT").
In February 2002 and December 2003, Chen testified before the Immigration Judge ("IJ") as to the following account of her claim. Chen was born in Fujian Province, and in 1989, she and her husband were married in a traditional ceremony. They did not register the marriage because they were not of legal age to marry. After their first child was born in 1990, family planning officials forced Chen to have an IUD inserted. Chen wanted to have more children, so she went to a private doctor to have the IUD removed. She became pregnant, and the family planning officials came to her home and ordered her to have an abortion and pay a fine. Instead, she and her husband went into hiding at her parents' house, while their daughter stayed with her mother-in-law. When her husband went back to their town to visit their daughter, family planning officials confronted him and instructed him to bring Chen for an abortion. Her husband escaped and left China for the United States. Their second child was born in 1991, and Chen was arrested at home and was taken to the hospital for sterilization. However, the doctor refused to sterilize her because of a skin disease. Instead, another IUD was inserted and a fine levied for failure to have a marriage certificate and for lack of permission to have a child. The fine was paid, and Chen was released. She left China in 2000. The couple's third child was born in the United States in 2001.
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