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Cheng v. Attorney General, 09-2022

Asylum Decision Addresses Whether Forced IUD Use Amounts to Sterilization

Cheng v. Attorney General, 09-2022, concerned a Chinese citizen's petition for review of a BIA's dismissal of an appeal from an IJ's denial of petitioner's application for asylum and related relief.

In granting the petition, the court remanded the matter as, although the petitioner's contention that IUD insertion is tantamount to sterilization is rejected, the undisputed record evidence compels the conclusion that petitioner was persecuted on account of her resistance to China's coercive population control policies.

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