(CN) – The 1st and 2nd Circuits denied relief to petitioners seeking asylum based on China’s forced population-control policies.
The 1st Circuit concluded that Aihua Chiv Wang could only speculate punishment by the Chinese government if she is forced to return to China and decides to have a second child.
The 2nd Circuit held that Jian Hua Wang, who claimed that his wife had to abort her second pregnancy and faced prison time for opposing the population-control policies, failed to timely file a motion to reopen his case based on alleged ineffective assistance.
He filed the motion eight months after learning that a 2002 ruling upheld his removal order and another five months after hearing that his attorney in the 2002 proceedings had been disbarred. See rulings in Wang v. Mukasey and Wang v. BIA.