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Chen v. Holder

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ARGUED FEBRUARY 17, 2009

Before POSNER, KANNE, and WOOD, Circuit Judges.

Liang Chen is a citizen of China and an applicant for asylum. He also has been, up until now, a victim of bad timing. After Chen presented a claim for asylum based on his wife’s involuntary abortion, the Attorney General changed the government’s interpretation of the relevant statute so that a spouse no longer qualifies as a refugee because his partner suffered an involuntary abortion. See Matter of J–S–, 24 I. & N. Dec. 520, 523-24 (AG 2008). Based on this change of law, the Board of Immigration Appeals (“BIA”) dismissed Chen’s appeal because, it said, Chen presented no evidence of other persecution or resistance to China’s coercive family planning policy. After the oral argument in this case, a different panel of the court followed Matter of J–S– and denied a petition for review in a case with similar-though not identical-facts. See Jin v. Holder, 572 F.3d 392 (7th Cir. 2009).

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