CHANG

Citations

• 20 I. & N. Dec. 38

Syllabus

CHANG, 20 I&N Dec. 38 (BIA 1989) ID 3107 (PDF) (1) Implementation of the one couple, one child policy of the Chinese Government is not on itsface persecutive and does not create a well-founded fear of persecutionon account of one of the five reasons enumerated in section 101(a)(42)(A)of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(42)(A)(1982), even to the extent that involuntary sterilizations may occur. (2) An individual claimingasylum for reasons related to the one couple, one child policy must establishthat the application of the policy to him was in fact persecutive or thathe had a well-founded fear that it would be persecutive because the policywas being selectively applied against members of a particular religiousgroup or was being used to punish individuals for their political opinionsor for other reasons enumerated under section 101(a)(42)(A) of the Act. (3) A person who showsthat he opposed the one couple, one child policy but was subjected toit nevertheless has not demonstrated that he was being punished for hisopinion as a member of a particular social group (persons opposed to thepolicy), but rather, there must be evidence that the governmental actionarose for a reason other than general population control (for instance,evidence of disparate, more severe treatment for those who publicly opposethe policy). (4) If the applicantclaims that action occurred at the hands of local officials, he must normallyshow that redress from higher officials was unavailable or that he hasa well-founded fear that it would be unavailable. (5) The policy guidelinesannounced by Attorney General Meese on August 5, 1988, regarding the onecouple, one child policy do not apply to decisions by immigration judgesand the Board of Immigration Appeals.