Your note in today's Immigration Daily regarding the 9th Circuit's
order in Li v. Ashcroft, No. 00-70157 (9th Cir. Jul. 7, 2003), is in error.
The court voted to rehear en banc the panel decision in Li v. Ashcroft, 312
F.3d 1094 (9th Cir. 2002), which construed the "other resistance to
coercive population control" language in IIRIRA sec. 601. The vacated
panel decision denied asylum, withholding, and CAT protection to an
underage Chinese couple, where the female petitioner resisted a half-hour
forcible gynecological exam.
Attorney Advisor, US Immigration Court, San Francisco
Editor's Note: Please see Editor's comments above.
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