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13 Immigr. & Nat'lity L. Rev. 476 (1991)
Coercive Population Control Policies: An Illustration of the Need for a Conscientious Objector Provision for Asylum Seekers

handle is hein.journals/inlr13 and id is 488 raw text is: IMMIGRATION AND NATIONALITY LAW REVIEW

Coercive Population Control Policies: An
Illustration of the Need for a
Conscientious Objector Provision for
Asylum Seekers
On May 12, 1989, the Board of Immigration Appeals (BIA or the
Board) dismissed an appeal by a citizen of the People's Republic of
China concerning the denial of his applications for asylum and for
withholding of deportation.' The Chinese citizen, a thirty-three
year-old man named Chang, based his appeal on China's one couple,
one child policy, arguing that his applications should have been
granted because the policy would require him to be sterilized upon his
return to China since he and his wife had two children and refused to
agree to limit the size of their family.2
At his deportation hearing, Chang testified that he and his wife had
been forced to leave their commune because of their noncompliance
with the one couple, one child policy.3 Although Chang had not men-
tioned the Chinese population policy in his asylum application,4 he
testified at his deportation hearing that he had fled China because
'the government' wanted him to go to a clinic to be sterilized, he
thought the operation would 'harm' his body, he did not want to be
sterilized, and if he returned to China he would be forced to submit to
the operation.'5 According to Chang, he had been ordered to
undergo the surgery, and his wife had avoided sterilization only
1. Matter of Chang, Interim Dec. No. 3107 (BIA 1989), reported in 66 Interp. Rel. 751
(July 10, 1989).
2. Id. at 3.
3. Id.
4. Chang's asylum application was largely based on the assertion that he was an anti-
Communist living under the Communist domination of China. Id. at 2. Respondent
claimed that mention of the one couple, one child policy had been omitted because no one had
asked him about the policies and he was unable to express himself well'in English. Id. at 3.
5. Id. at 3.
© 1990 by Virginia Journal of International Law. Reprinted with permission.

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