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27 Wis. Int'l L.J. 139 (2009-2010)
Assessing Asylum Claims from Children Born in Violation of China's One-Child Policy: What the United States Can Learn from Australia

handle is hein.journals/wisint27 and id is 131 raw text is: ASSESSING ASYLUM CLAIMS FROM CHILDREN BORN IN VIOLATION OF CHINA'S ONE-CHILD POLICY: WHAT THE UNITED STATES CAN LEARN FROM AUSTRALIA BRIAN EDSTROM INTRODUCTION Although Xiu Fei Wang and Chen Shi Hai were born several years apart to different families, they were both conceived in violation of China's one-child policy. Xiu Fei and Chen Shi were also born into dire circumstances due to their parents' incompliance with China's policy of limiting most couples to birthing only one child. Xiu Fei's mother had been forcibly sterilized while six months pregnant with Xiu Fei.' Chen Shi was born in an immigration detention facility in Australia, from which his parents were later deported after their asylum claims were de- nied.' Xiu Fei sought asylum in the United States (U.S.) independently from her parents at age fourteen.' A guardian residing in Australia brought a claim on behalf of the infant Chen Shi.4 Both of the children's claims alleged that they would be discriminated against and persecuted if returned to China.5 The children alleged that in China they would be subjected to discriminatory treatment, denied access to healthcare, educa- tion, employment opportunities, and face harsh consequences because of their parents' failure to comply with the one-child policy.' Despite the similarities in the claims of both children, Chen Shi was deemed eligible for asylum in Australia,7 while Xiu Fei was denied asylum in the United States 1 Xiu Fei Wang v. U.S. Attorney Gen., 222 F. App'x 176, 178 (3d Cir. 2007). 2 Chen Shi Hai v. Min. for Immigration & Multicultural Affairs (2000) 201 C.L.R. 293, 294. ' Xiu Fei Wang, 222 F. App'x at 177. 4 Chen Shi Hai, 201 C.L.R. at 308. ' Id. at 293; Xiu Fei Wang, 222 F. App'x at 180-81. 6 Chen Shi Hai, 201 C.L.R. at 294; Xiu Fei Wang, 222 F. App'x at 180-81. 7 Chen Shi Hai, 201 C.L.R. 293 (holding that black children born outside of China's family planning policy belong to a persecuted social group, entitling Chen Shi Hai to refugee status). 8 Xiu Fei Wang, 222 F. App'x at 180-81 (Wang has made no showing that she was physically or emotionally affected by her mother's forcible sterilization while she was in utero. Therefore,

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