Di v. Carroll

842 F. Supp. 858 (1994)

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Di v. Carroll

United States District Court for the Eastern District of Virginia
842 F. Supp. 858 (1994)

Facts

Guo Chun Di (defendant) entered the United States from the Peoples Republic of China in June 1993. Guo fled China inside a shipping vessel, and when the vessel ran aground in the New York City harbor, Guo swam to shore. Immigration and Naturalization Service (INS) District Director William J. Carroll (plaintiff) initiated deportation proceedings after transferring Guo to a detention facility in Virginia. After applying for political asylum, Guo testified that he fled his home village for a distant city after officials ordered him and his wife to undergo involuntary sterilization. Guo testified that while in the city, relatives in his village told him government officials had searched and destroyed part of his house. Although crediting Guo’s account, the immigration judge (IJ) found Guo was ineligible for asylum under the Immigration and Nationality Act (INA). The IJ found that, under Matter of Chang, government persecution as part of a policy of coercive population control does not constitute persecution on account of political opinion. Guo appealed to the Board of Immigration Appeals (BIA), arguing that certain federal regulations invalidated Matter of Chang. The BIA affirmed the IJ decision, finding Matter of Chang was controlling precedent because the regulations cited by Guo had no force or effect. Guo appealed to the District Court for the Eastern District of Virginia, reasserting his arguments about Matter of Chang.

Rule of Law

Issue

Holding and Reasoning (Ellis, J.)

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