Fifth Circuit Rules That Threatened Abortion May Serve as Basis for Withholding of Deportation

Yesterday, the U.S. Court of Appeals for the Fifth Circuit (here) held that “We conclude that Zhu’s abortion was indeed forced, as a reasonable person in Zhu’s position “would objectively view the threats for refusing the abortion to be genuine,” and that harm, “if carried out, would rise to the level of persecution.” Thus, as Zhu was subjected to past persecution, we presume that her “life or freedom would be threatened in the future in [China].” Accordingly, Zhu qualifies for withholding of removal as a matter of law. We reverse the judgment of the BIA regarding Zhu’s entitlement to withholding of removal and remand to the BIA with instructions to enter an order withholding removal, in accordance with this opinion.” Zhu v. Gonzales, July 23, 2007.

KJ