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Dear Editor:
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.

Martha Rickey
Attorney Advisor, US Immigration Court, San Francisco

Editor's Note: Please see Editor's comments above.



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