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Chen v. Gonzales

United States Court of Appeals for the Second Circuit
471 F.3d 315 (2006)


Facts

Chen (plaintiff) was born in China and fled to the United States after the Chinese government forced her to undergo an abortion and threatened to sterilize her. Eleven months after arriving in the United States, she was detained and ordered to appear at a removal hearing. She filed an application for asylum nearly fifteen months after entering the United States. The immigration judge rejected her application because she did not file it within a year of arriving in the country. He ruled that she had not established “changed circumstances” affecting her eligibility or “extraordinary circumstances” that would excuse her late filing. He also ruled that even if she had filed her petition on time, she had not established a credible case of persecution. The Board of Immigration Appeals affirmed the immigration judge’s ruling. Chen then petitioned the Court of Appeals for the Second Circuit for review.

Rule of Law

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Issue

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Holding and Reasoning (Cabranes, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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