9th U.S. Circuit Court of Appeals Grants Asylum Because of Forced Abortion

It's rare (okay, make that never) that I agree with the 9th Circuit, however, in this instance, it has been a long time coming that we recognize that China's forced abortion policy is grounds for asylum.

The 9th Circuit decision concerned a man named Zi Zhi Tang who was sent to Guam in 1991 by his Chinese construction company. In 2002, Immigration officials told Tang that his work visa expired. Tang applied for asylum citing a 1980 forced abortion performed on his wife who was then his girlfriend.

An immigration judge ordered the couple deported because he decided that the abortion wasn't forced since she didn't go into hiding after receiving the order for the abortion. The appeals court instead found that an official order for an abortion could be considered force.

It is common to hear stories of women who flee an order for an abortion only to have Chinese government officials imprison family members in an effort to force the women to return. Because of this, it's understandable why Mrs. Tang might not have gone into hiding.

This ruling will help in recognizing the need for asylum for women fleeing forced abortions.