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Click here for the full text of this decision FACTS:A Chinese national claimed he is entitled to asylum, withholding of deportation and protection under the Convention Against Torture because his live-in girlfriend, a Chinese national living in China, was fined and forced to have an abortion under China’s population control program. The Bureau of Immigration Appeals denied relief, relying on Matter of C-Y-Z, 21 I. & N. Dec. 915 (BIA 1997), which limited statutory relief for refugees seeking asylum from a foreign country’s coercive population control program. HOLDING:Affirmed. The court gives deference to the BIA’s decision, noting that the alien in this case was never formally or informally married to his girlfriend and never exhibited legally cognizable “resistance” to China’s population control program. “[M]erely impregnating one’s girlfriend is not alone an act of ‘resistance.’” OPINION:Edith H. Jones, J.; Jones, Barksdale and Prado, JJ.

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