Published Decisions

Li v. Ashcroft, 356 F.3d 1153 (9th Cir. 2004)
Background: Applicant, a native of China, petitioned for judicial review of decision of Board of Immigration Appeals (BIA) denying asylum. The Court of Appeals, Wallace, Senior Circuit Judge, 312 F.3d 1094, denied petitions.

Holdings: On rehearing en banc, the Court of Appeals, Hawkins, Circuit Judge, held that:

(1) applicant was persecuted for "other resistance" to population control program within meaning of asylum statute;

(2) applicant established well-founded fear of future persecution;

(3) applicant opposed "coercive population control program";

(4) applicant "resisted" population control program; and

(5) applicant's persecution was "on account of" her resistence.