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Re: Chinese men's asylum plea cites one-child rule - Partners of

by rst0wxyz <rst0wxyz@[EMAIL PROTECTED] > May 9, 2008 at 11:33 PM

The world will soon be yellow.

On May 9, 7:45=A0pm, pg <pen...@[EMAIL PROTECTED]
> wrote:
> That's the way.
>
> Get married.
>
> ****.
>
> Produce one child.
>
> **** some more.
>
> Pregnant again.
>
> Let the CCP authority know about 2nd pregnancy.
>
> Stooopic chinks from the CCP will come down and abort the fetus.
>
> Couple travel to US. Seek political asylum. Reason: "They Kill My
> Child !!"
>
> Bleeding hearts in US give them green card.
>
> Live in US, become a banana. Delivering Moo Goo Gai Pan.
>
> The end.
>
> That's the way !!
>
> On May 9, 12:59 pm, rst0wxyz <rst0w...@[EMAIL PROTECTED]
> wrote:
>
>
>
> > Chinese men's asylum plea cites one-child rule
> > Partners of women forced to abort appeal to U.S. Supreme Court
> > Mark Sherman, Associated
Presshttp://www.sfgate.com/cgi-bin/article.cgi?=
f=3D/c/a/2008/05/09/MN0N10J3D...
> > Friday, May 9, 2008
> > Partners of Chinese women who were forced to have abortions are
> > pressing the Supreme Court to make it easier to get asylum in the
> > United States.
>
> > The Bush administration is resisting the male partners' efforts to get
> > asylum, even though the Republican congressman who wrote a 1996 asylum
> > law said it was intended to cover men as well as women who are victims
> > of China's controversial family planning policy. There is no dispute
> > that women can seek asylum under the law.
>
> > The justices will consider appeals by two men in the coming weeks.
>
> > U.S. courts have taken varying approaches to claims by Chinese men
> > that they should be allowed to stay in the United States because they
> > have suffered under a policy that generally limits couples to one
> > child.
>
> > China prohibits marriage until the man is 22 and the woman is 20, but
> > the government concedes that many people enter into traditional
> > marriages at younger ages.
>
> > Still, authorities sometimes force abortions or sterilization on
> > people who seek to have children even though they are not legally
> > married or who want more than one child, according to the State
> > Department's most recent human rights re****t for China, issued in
> > March.
>
> > U.S. immigration authorities and some courts have seized on the
> > distinction between traditional and legal marriage to deny asylum
> > claims.
>
> > Yi Qiang Yang was 20 when he married his 17-year-old wife in a
> > traditional ceremony. More than a year later, Yang's wife was eight
> > months pregnant when Chinese authorities forced her to have an
> > abortion.
>
> > Yang fled, fearing persecution for trying to have a child outside
> > China's strict rules and eventually asked for asylum in the United
> > States. Immigration officials and the 11th U.S. Circuit Court of
> > Appeals in Atlanta turned him down, in part because the marriage was
> > not legal. "Legal marriage reflects a sanctity and long-term
> > commitment that other forms of cohabitation simply do not," the
> > appeals court said.
>
> > The administration, which has criticized China's human rights
> > practices, said the decision was correct.
>
> > "An applicant who participates in a traditional marriage ceremony, but
> > is not legally married, is not automatically deemed eligible for
> > asylum if his partner is forced to undergo an abortion," wrote
> > Solicitor General Paul Clement, the Justice Department lawyer who
> > represents the administration at the Supreme Court.
>
> > Rep. Chris Smith, R-N.J., a frequent critic of China's human rights
> > practices, said the administration is in essence blaming the victim.
>
> > "The solicitor general is profoundly wrong and misguided in taking
> > that view," Smith said.
>
> > Smith authored a 1996 law that he said was designed to expand
> > eligibility for asylum and erase uncertainty that both partners would
> > be covered.
>
> > "Not to include both when both are harmed irreparably would be a gross
> > miscarriage of justice," Smith said. "These are bona fide marriages.
> > But even if this were boyfriend-girlfriend, what would happen if the
> > couple defended their unborn child? She gets asylum and he doesn't?"
>
> > A second case that the court could soon consider involves just such an
> > arrangement. Zen Hua Dong contends his fiancee was forced to have two
> > abortions and he was threatened with sterilization by local officials.
>
> > But immigration judges denied his asylum application because he is not
> > married.
>
> > The Second U.S. Circuit Court of Appeals in New York went further,
> > however, saying that the law does not cover even spouses in legal
> > marriages.
>
> > New York University law Professor Samuel Estreicher, Dong's lawyer at
> > the Supreme Court, said the appeals court narrowed the law, despite
> > substantial evidence that Congress intended to expand eligibility for
> > asylum.
>
> > "The Chinese government is not just going after the pregnant woman, it
> > is going after the unit, the couple," Estreicher said.
>
> > Appeals courts in Chicago and San Francisco have sided with spouses
> > seeking asylum.
>
> > The ruling in New York spurred the Justice Department to review its
> > policy on the eligibility of spouses.
>
> > Smith and former Illinois Rep. Henry Hyde, who has since died, urged
> > Attorney General Michael Mukasey to take an expansive position on who
> > is eligible for asylum.
>
> > The U.S. Conference of Catholic Bishops and other faith-based groups
> > also are calling on Mukasey to clarify that both spouses should be
> > able to seek asylum because of "the dramatic impact that forced
> > abortions and sterilizations have on both spouses."
>
> > The Justice Department has not said when the review will be completed.
>
> > This article appeared on page A - 9 of the San Francisco Chronicle
 




 5 Posts in Topic:
Chinese men's asylum plea cites one-child rule - Partners of wom
rst0wxyz <rst0wxyz@[EM  2008-05-09 12:59:19 
Re: Chinese men's asylum plea cites one-child rule - Partners of
pg <penang@[EMAIL PROT  2008-05-09 19:45:36 
Re: Chinese men's asylum plea cites one-child rule - Partners of
rst0wxyz <rst0wxyz@[EM  2008-05-09 23:33:37 
Re: Chinese men's asylum plea cites one-child rule - Partners of
PaPaPeng <PaPaPeng@[EM  2008-05-10 12:57:48 
Re: Chinese men's asylum plea cites one-child rule - Partners of
Jim Walsh <jimNOwalsSP  2008-05-12 15:28:58 

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tan13V112 Fri Jul 25 22:05:25 CDT 2008.