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Matthew Kolken on Deportation And Removal

Second Circuit Decision: Lin v. Holder (07-5791-ag)

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The U.S. Court of Appeals for the Second Circuit has overturned the denial of an asylum application of maternity nurse that was previously employed in China by a state general hospital that performed forced abortions pursuant to lace w:st="on">Chinalace>'s family planning policy.  See Lin v. Holder, Oct. 14, 2009.>>


 


From 2002 to 2005, Lin was employed in the obstetrics and gynecology department of the state-run "People's lacename w:st="on">Numberlacename> lacename w:st="on">Onelacename> lacetype w:st="on">Hospitallacetype>" in lace w:st="on">Chinalace>. Her duties did not include participation in forced abortion procedures, but she was charged with the responsibility for providing incidental care for the woman who were forced to abort their child. The record reflected that Lin merely participated in examinations to determine if a forced abortion could be performed without threatening the life of the mother. 


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The Immigration Judge denied asylum on the ground that Lin's employment in a hospital that performed forced abortions defined her as a "persecutor" and she was therefore statutorily ineligible for asylum or withholding of removal under the Immigration and Nationality Act.


 


The Second Circuit addressed the issue of whether Lin's employment as a nurse in lace w:st="on">Chinalace> amounted to "assistance or participation" in persecution which would render her ineligible for asylum or withholding of removal under the INA's "persecutor bar."  The Court concluded that it did not.>>

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