Forced Sterilization Is Persecution, Court Says
Recent Cases
A Chinese citizen should not be returned to her homeland due to the high probability that she would be forcibly sterilized, the 7th Circuit ruled.
Xiu Zhen Lin, the mother of three, protested a decision by the Board of Immigration Appeals that she had not shown that China's "one child" policy was "implemented through physical force or other means that would amount to persecution."
The board made this ruling despite a letter from the government of Lin's village, which stated that she would be subject to sterilization if she returned. The appellate court disagreed with the board's rationale.
"The implication," Judge Posner wrote, "is that if a government tells a religious heretic we are going to fine you $1 million for your heresy and if you cannot pay we will burn you at the stake, and the heretic cannot pay and therefore is executed, the burning of the heretic would not, in the board's view, amount to persecution."
A 2006 State Department report showed that China's policy is strictly enforced in Lin's home province of Fujian.
Related listings
-
Anthrax settlement may moot contempt case
Recent Cases 07/01/2008The US Department of Justice announced Friday that it has settled a lawsuit brought by former US Army germ-warfare researcher Dr. Steven Hatfill, a development that may moot a landmark contempt case against former USA Today reporter Toni Locy now awa...
-
Drunken Groom's Marriage Declared Invalid After 30 Years
Recent Cases 06/26/2008An Australian bridegroom was horrified to learn after he had walked down the aisle that he was already married — after a drunken holiday romance he could barely remember.The husband has had to confess in the Family Court that he spent 28 days partyin...
-
"Naked Cowboy" Wins Court Shoot-Out with Candy Cowboy
Recent Cases 06/25/2008A ruling in a trademark infringement case filed by a New York street entertainer who performs as “The Naked Cowboy” is another indication that judges may be taking parodies too seriously when the parody conveys a commercial message.Robert Burck alleg...
Our Eugene Oregon Bankruptcy Practice
Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.
Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.