New Precedent Decision on Force Abortion as Persecution

The Board of Immigration Appeals issued a precedent decision in In re T-Z- (here), I&N Dec. 163, Interim Decision #3564  (BIA May 9, 2007).  Here are a couple of the headnotes:

(1) An abortion is forced by threats of harm when a reasonable person would objectively view the threats for refusing the abortion to be genuine, and the threatened harm, if carried out, would rise to the level of persecution.

(2) Nonphysical forms of harm, such as the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment, or other essentials of life, may amount to persecution.

The case involved a husband and wife from China.  There is nothing especially new in the ruling but it is noteworthy that the DHS keeps appealing in these cases.

KJ