DING v. ASHCROFT

No. 03-71013.

387 F.3d 1131 (2004)

Lidan DING, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2004.


Attorney(s) appearing for the Case

William Kiang, Law Offices of Kiang & Kiang, San Gabriel, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division; Terri J. Scadron, Assistant Director; Hillel R. Smith, Attorney, Office of Immigration Litigation, Civil Division, Washington, DC, for the respondent.

Before: REINHARDT, WARDLAW, and PAEZ, Circuit Judges.


WARDLAW, Circuit Judge.

Lidan Ding appeals from the Board of Immigration Appeals' ("BIA") denial of her application for asylum and withholding of deportation, affirming without opinion the adverse credibility finding of the Immigration Judge ("IJ"). The IJ denied asylum finding Ding's forced abortion at the hands of Chinese population control officials was, in fact, voluntary because she "was not subject to physical restraint" during the procedure. Because 8 U.S.C...

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