Zheng v. Holder, No. 11-2322 (7th Cir. 2012)
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Petitioner, a Chinese woman, applied for asylum and for withholding of removal on the ground that because of her opposition to China's "one child"” policy she faces persecution if she is returned to China. She had been briefly jailed for resisting officers who came for her pregnant cousin. She came to the U.S. in 1999, married, and gave birth to two children who live in China with their grandparents and claims she faces sterilization. She applied for asylum seven years after the expiration of the one-year deadline. The BIA denied relief under 8 U.S.C. 1231(b)(3)(A). The Seventh Circuit denied review, reasoning that the alleged jail time and beatings may have been the result of resisting arrest or other factors, rather than based on opposition to government policy.
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