Archive for Chris Smith

Dreaded Complication: Infants born alive during abortion haunt abortion profiteers

Posted in Uncategorized with tags , , , , , , , , , , , , , , , , , , , , , , on April 18, 2018 by saynsumthn

The abortion industry would like the public to believe that babies born alive after abortion attempts rarely occur. However, research shows that the so-called abortion live-birth dilemma has been haunting abortion profiteers since the days of legalization.

April 1973, Greater Bakersfield Hospital, Bakersfield, Calif.: A 4 1/2-pound infant was born live following a saline abortion (induced by an injection of salt solution) performed by Dr. Xavier Hall Ramirez. Informed by phone, Dr. Ramirez ordered two nurses to discontinue administering oxygen to the baby. His instructions were countermandated by another doctor; the baby survived and later was placed for adoption.

This above case was one of many highlighted by the Philadelphia Inquirer in a 1981 series entitled The Dreaded Complication.

The Dreaded Complication

Another example from the report described what a Nebraska abortion doctor ordered a nurse, who found a live baby boy crying following a saline abortion attempt, to do. She told the paper the following: “He told me to leave it where it was, just to watch it for a few minutes, that it would probably die in a few minutes.”

In another case from 1974, the paper recounted the prostaglandin abortion of a baby who survived the procedure, only to die later: “One of the nurses said that the baby was alive. They took the baby out of the room. He never did cry, he just made some kind of a noise.”

A young resident was the first doctor to arrive. After detecting a strong heartbeat, she took matters into her own hands. She clamped the umbilical cord and sent the baby to intensive care.

“It was a shock, a totally unique emergency situation, very upsetting to all of us,” the doctor said. “Some people have disagreed with me [about ordering intensive care for an abortion live birth] but that seems to me the only way you can go. It’s like watching a drowning. You act. You don’t have the luxury of calling around and consulting. You institute life-preserving measures first and decide about viability later on.”

In 1989,  Pennsylvania abortion doctor Joseph Melnick was convicted of infanticide after it was proven that a baby he aborted survived the abortion. Hospital staffers where the abortion occurred said that they had detected a heartbeat and saw the baby move and gasp. For this crime, Live Action News contributor Sarah Terzo reported that the judge gave him no fine or jail time – only probation and community service.

By the 1990’s additional incidents of babies surviving abortion were being reported.

In Florida, Miami Right to Life documented the case of a 23-week-old male with Down syndrome, who pro-lifers endearingly named “Baby Special,” after they were contacted by an anonymous caller who claimed she worked at the hospital where the incident occurred. The witness also called the police, telling them that the doctor smothered the baby after it lived through the abortion process.

The report, which was published in the Miami Right to Life’s newsletter just after the incident, said that the medical examiner testified that the autopsy found pockets of air in the baby’s stomach and that the child had taken a breath.

“When a fetus is aborted, sometimes there is some activity in the fetus and you normally don’t do anything. You let the fetus expire. The usual thing is just to take your time, don’t immediately do anything,” the abortionist told authorities. Authorities cleared the doctor saying there was no clear evidence that he smothered the baby.

Image: Baby Born Alive during abortion

Baby Special a Down Syndrome baby who survived abortion attempt

In 1993, a New York abortion doctor was convicted of performing an illegal third-trimester abortion which resulted in him severing the arm of a baby which survived his abortion attempt. The public was horrified by the story, causing the abortion doctor, Dr. Abu Hayat, to be nicknamed the Butcher of Avenue A.

The baby’s 20-year-old mother, Rosa Rodriguez, was estimated to be about eight months pregnant when Hayat began the $1500.00 abortion procedure on her.

Image: Baby born alive during abortion

Ana Rosa Rodriguez baby born alive during abortion with missing arm

According to the Daily News, Rodriguez described being strapped in stirrups and held down by Hayat and his assistants while she begged him to stop the abortion. She testified that she no longer wanted the abortion after Hayat inserted a four-inch needle in her stomach that appeared dirty, and she began hearing women in other rooms screaming.

Hayat was found guilty of assault on Rosa Rodriguez and her baby Ana Rosa.

After the incident, pro-abortion talk show host, Phil Donahue had the child’s mother as well as the injured infant as a guest on his television show where he described the horror of the incident. Despite the fact that Hayat practiced legally, Donahue attempted to spin the story as unrelated to the abortion issue. The truth is that every day, infants are ripped apart limb by limb during abortions – but the majority are not born alive.

In June of 1993, abortionist Abu Hayat was sentenced to prison but was released on parole in 2006. He was discharged from parole supervision in 2009 and his sentence has been officially deemed completed. He tried to have his name changed but a judge refused his request to do so.

Image: Baby Born Alive During Abortion

Ana Rosa Rodriguez lost an arm in a failed abortion attempt

Doctors who perform late-term abortions or any abortion for that matter, often convince themselves that a preborn baby is not a person. This distorted view then is easily transferred onto the child if they survive the abortion attempt. An example of this was seen in an interview with late-term abortionist Kenneth Edelin.

In this discussion taped in the 1990’s, Edelin referred to the preborn child in the womb as a “developing mass of tissue within the woman.”

In the early 1970’s Edelin was charged with manslaughter in the death of a 20 to 24-week old baby boy after an abortion. The prosecution claimed that the Boston abortionist tried to asphyxiate the child inside the mother during a C-section type abortion procedure.

The Boston Globe recounted the case this way:

The abortion, which took place in 1973, began as a routine procedure: the injection of a saline solution that usually causes uterine contractions and the expulsion of the fetus. But several tries were unsuccessful, and Edelin completed the abortion by a surgical procedure known as a hysterotomy — making a small incision in the uterus, like a cesarean section, and detaching the fetus from the placental wall by hand.

A photo of the child preserved in formaldehyde was shown to the jurors.

“It looked like a baby,” a juror in the original case told the Associated Press. “[…] it definitely had an effect on me.”

The photo was called inflammatory by the defense, but it had already had an effect on the jury. Edelin’s lawyers argued that since the child was in the uterus, a “person” had never existed, so therefore a person had never died. Edelin was convicted, but it was later overturned.

Edelin, who died in 2013 has been called a hero by Planned Parenthood.

Perhaps the most famous abortion survivor is Melissa Ohden. In 1977, Ohden survived a saline abortion at seven months gestation. In 2012 she formed The Abortion Survivors Network and now works to educate the public on the realities of abortion and how often babies survive the attempt on their lives.

Gianna Jessen also survived a saline abortion and has shared her survival story through speeches and testimonials before the government.

Abortionists don’t want people to know that babies survive abortions, but each of these individuals proves that life really does begin before birth. It is the duty of each of us to respect those lives and allow them the right to be lived.

    • This article is reprinted with permission. The original appeared here at Live Action News.

Abortionist serves as hit man researcher gets corps, Chris Smith 1992

Posted in Aborted Baby Body Parts with tags , , , , , , , , , , , on July 20, 2015 by saynsumthn

Quotes Roundup:

In 1992, the US Congress heard testimony regarding fetal tissue research.

In his speech supporting a ban on a similar research operation to what Planned Parenthood has been caught doing this week in an undercover video, Rep. Chris Smith stated this in 1992, “The abortionist serves as the hit man the researcher gets the corps. In my view that’s unethical.”

Chris Smith 1992 Fetal Tissue Research speech CSPan

His powerful speech can be viewed here:

Chris Smith – on embryonic stem cells years later:

Radio talk show host, Peter Heck recently wrote this about Planned Parenthood, “Truth be told, we don’t need investigations for these people. We need paddy wagons and iron bars.”


Senator Ted Cruz got a standing ovation speaking against Planned Parenthood 7-18-15

Planned Parenthood in the news

Posted in Glenn Beck, Megyn Kelly, Planned Parenthood sells aborted baby parts with tags , , , , , , , , , , , , , , on July 16, 2015 by saynsumthn

Fox news pundits discuss the recent under cover sting on Planned Parenthood accusing them of selling the body parts of babies.

Bret Baier on FOx

Watch the latest video at

Bill Oreilly and David Daleiden

Megyn Kelly and Dana Loesch


Daily Wrap




WDSU: Jindal announces investigation into Planned Parenthood


Glenn Beck

Congresswoman gives emotional response to horrifying Planned Parenthood vid on House floor, “Are we really going to tolerate this inhumanity?”

Posted in Planned Parenthood sells aborted baby parts with tags , , , , , , , , , , , , , , , on July 15, 2015 by saynsumthn

A stirring speech on the House Floor from a US Congresswoman decrying Planned Parenthood’s ghoulish selling of aborted baby body parts has been virtually ignored by the media.

U.S. Representative Martha Roby (R-AL) represents Alabama’s Second Congressional District.

Rep Martha Roby speaks Planned Parenthood

Following an undercover video conversation between the Center for Medical Progress and a top Planned Parenthood abortionist revealing how the tax funded organization chops up the babies they kill with abortion to harvest their body parts, Rep. Roby gave an emotional response.

The hidden camera video surfaced July 14,2015 showing Planned Parenthood senior director for medical services, Dr. Deborah Nucatola, describing in chilling detail how abortion procedures can be altered to preserve hearts, lungs and livers so they can be sold.

While standing next to an enlarged screenshot of the video showing one of the more shocking exchanges, Rep. Martha Roby rose on the House Floor and said passionately:

“Mr. Speaker, I rise to raise awareness about a disturbing development.

Rep Martha Roby speaks Planned Parenthood 2

“Today video surfaced of Dr. Deborah Nucatola, Planned Parenthood’s senior director for medical services, admitting – in fact bragging – about the harvesting and trafficking of fetal organs after abortions.

At this point in the speech, the Alabama House member’s voice begins to quake as she expresses what she saw in that Planned Parenthood video.

To those who haven’t seen the video, I urge you and encourage you to watch it. But you need to be forewarned,” she advises.

The casual and callous way that she details how babies can be killed in such a way that their tiny hearts, lungs and livers can be taken and sold for profit is simply horrifying,” Rep. Roby says fighting back tears.

Deborah Nucatola Planned Parenthood body parts lower extremeties

She continues:

    To quote Doctor Nucatola “We’ve been very good at getting heart, lung, liver… so I’m not gonna crush that part,”

    I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.”

Rep Martha Roby speaks Planned Parenthood 3

“This is one of those moments that – as a nation – we have to ask ourselves, “who are we?

“Are we really going to tolerate this inhumanity?

“Are we going to look the other way while babies are brutally killed and organs are harvested for profit?”

“These aren’t specimens they are babies for goodness sake!”

“I may only have one minute today. But I promise Mr. Speaker we’re not done talking about this, I yield back,” Rep, Roby said forcefully.

Rep. Roby is expressing what so many Americans are feeling after watching that tape. But, the media will ignore her. Had she been outraged that the Little Sisters of the Poor Catholic Nuns were not going to be forced to offer contraception in their health plans, the media would be all over it.

Had Rep. Roby given a speech about how a male talk-show host ridiculed her position on birth control, the media would do flip flops to air the speech.

If she had slipped on a pair of pink tennis shoes prior to her speech to filibuster a late term abortion ban, the media circus would have been stunning.

But, because Rep. Roby articulately spoke out for unborn babies and challenged the abortion media darling Planned Parenthood, despite her being a woman, she will be silenced or ignored.

But….not here!

Way to go Rep. Roby – you have my full respect!

Her words later with others: “No one is above the law”!

Obama ADMIN on China and their victims of Forced Abortions

Posted in China, China One Child Policy with tags , , , , , , , , , on May 4, 2012 by saynsumthn

A lot of attention is being paid to China’s Forced Abortion Policies lately because of blind Chinese Activist, Chen Guangcheng, who is exposing their policies, but exactly how does the Obama Admin feel about China’s policies, if actions speak louder than words- he TOLERATES it:

Chen told The Associated Press that friends who had tried to visit him “have been beaten,” his wife Yuan Weijing had been followed and U.S. officials had been prevented from seeing him in person.

A doctor from the U.S. embassy arrives Friday at the Chaoyang Hospital, where blind activist Chen Guangcheng is staying.

He added that he had spoken to U.S. officials by phone, but “the calls keep getting cut off after two sentences.”

“Basically I am very worried. Okay? … It is very dangerous here,” Chen told the AP, before the line went dead.

Chen, 40, is a legal activist from Shandong province who campaigned against forced abortions under China’s “one-child” policy.

On April 22, he escaped 19 months of house arrest, during which he and his family faced beatings and threats. Supporters then said he was in the U.S. Embassy in Beijing, which he left after six days to go to the hospital on Tuesday this week after receiving assurances from the Chinese authorities.

According to the Today Show, Secretary of State Hillary Clinton was in China and in Clinton’s prepared remarks for the meeting did not specifically mention Chen, but did say that the responsibilities of a “great nation” included “protecting the fundamental freedoms of all citizens at home.”

“All governments have the responsibility of addressing their citizens’ aspirations for dignity and rule of law. These are not Western values — they are universal rights that apply to all people in all places,” she said.

But, in the United States, State Department spokeswoman Victoria Nuland told Reuters that Chen had been offered a fellowship from an American university, where he could be accompanied by his wife and two children.

Chen is asking the US and China to allow he and his family to leave on Clinton’s Plane out of the country.

Yesterday, Chen made this surprise call to someone attending a Congressional Hearing ( sponsored up by Rep. Chris Smith) , on the issue of Chen’s freedom:


Biden to China: “Not Second-Guessing” One-Child Policy
by Steven Ertelt | Beijing, China | | 8/22/11 1:05 PM
Vice-President Joe Biden is in China to attempt to revive the financial image of the United States after a first-ever downgrade in its financial rating. In attempting to explain some of the financial concerns the U.S. faces, Biden talked about China’s one-child policy.

The one-child policy, instituted by the Communist government in the late 1970s to stem rising population, compels couples in urban areas to have just one child and limits couples in rural areas to two children if the first child is a girl, as girls are seen as having lesser value than boys in some parts of the Asian nation.

The policy has stirred global controversy since it was implemented, as it has resulted in massive campaigns of forced abortions and
sterilizations, fines for families violating the rule, sentences to prison and forced labor camps for violators and their families who shelter them from government officials, home detention, loss of jobs or government benefits, beatings and other human rights abuses.

In his statement, Biden talked about the other set of concerns about the one-child policy — demographic — in that China will increasingly have similar problems to the United States in terms of paying for entitlements to the growing number of people retiring who will need government support to make ends meet and a smaller population of
younger workers able to take care of those obligations.

“But as I was talking to some of your leaders, you share a similar concern here in China. You have no safety net,” Biden said in the prepared remarks. “Your policy has been one which I fully understand —I’m not second-guessing — of one child per family. The result being that you’re in a position where one wage earner will be taking care of
four retired people. Not sustainable.”

“So hopefully we can act in a way on a problem that’s much less severe than yours, and maybe we can learn together from how we can do that,” he continued.

Although he highlighted the demographic concerns, his statement that the United States is “not second-guessing” the forced-abortion, one-child policy and his essentially ignoring the forced abortions, sterilizations and other human rights abuses that accompany it, will surely upset pro-life advocates who have campaigned extensively against the one-child policy and supported the victims of it.

The speech represents a second missed opportunity for the Obama administration to present a clear position against the policy that is one of the most egregious global human rights abuses in modern times. Biden’s comments follow a visit earlier this year from China President Hu Jintao, where President Barack Obama apparantly failed to ask the

foreign leader about the problem of forced abortions on Chinese women. Ask during a U.S. House hearing, Secretary of State Hillary Clinton couldn’t say whether Obama brought up the massive human rights abuse millions of Chinese women endure if they break the country’s one-child
family planning rules.

In remarks received from New Jersey Republican Congressman Chris Smith’s office following the hearing, Smith let Clinton know in a statement he delivered during the hearing that China’s one-child policy is a problem.

“Since 1979, brothers and sisters have been illegal in China as part of the barbaric one child per couple policy. And for 30 years, the United Nations Population Fund (UNFPA) has vigorously supported, funded, defended, promoted, even celebrated these massive crimes against humanity,” Smith told Clinton. “The uncontested facts are
these: Any Chinese, Tibetan, or Uyghur mother without a birth permit is put under coercive pressure to abort – if need be, she is physically forced to do so. All unwed moms are compelled to abort. In what can only be described as a search-and-destroy mission, disabled children are aborted as part of a nationwide eugenics program.”


OBAMA Attorney General Eric Holder, Returns Chinese who are victims of FORCED ABORTIONS :

JIA XIN OU, Petitioner,
No. 09-2246-ag-NAC.
United States Court of Appeals, Second Circuit.
January 13, 2010.

Henry Zhang, New York, New York, for Petitioner.
Tony West, Assistant Attorney General, Civil Division; Janice Redfern,
Senior Litigation Counsel; Scott Rempell, Trial Attorney, Office of
Immigration Litigation, United States Department of Justice,
Washington, D.C., for Respondents.
Circuit Judges.

UPON DUE CONSIDERATION of this petition for review of a Board of
Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED,
AND DECREED that the petition for review is DENIED.
Jia Xin Ou, a native and citizen of the People’s Republic of China,
seeks review of an April 30, 2009 order of the BIA affirming the
October 26, 2007 decision of Immigration Judge (“IJ”) Brigitte
Laforest, which denied his application for asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). In
re Jia Xin Ou, No. A099 670 040 (B.I.A. Apr. 30, 2009), aff’g No. A099
670 040 (Immig. Ct. N.Y. City Oct. 26, 2007). We assume the parties’
familiarity with the underlying facts and procedural history of this

We review the IJ’s decision as supplemented by the BIA. See Yan Chen
v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). The applicable
standards of review are well-settled. See 8 U.S.C. § 1252(b)(4)(B);
Manzur v. U.S. Dep’t of Homeland Sec., 494 F.3d 281, 289 (2d Cir.
2007); see also Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir.

Contrary to Ou’s argument, the IJ properly based her denial of his
applications for relief on Shi Liang Lin v. U.S. Dep’t of Justice, 494
F.3d 296, 309-12 (2d Cir. 2007) (en banc), the controlling authority
at the time she rendered her oral decision, rather than based on the
law as it stood on the day of Ou’s April 2007 merits hearing. The IJ
could not have made her decision prior to DHS’s completion of the
requisite background checks. See 8 C.F.R. § 1003.47(g) (requiring all
identity, law enforcement, and security investigations to be completed
prior to an IJ granting an application for immigration relief). Once
these background checks were complete, the IJ was bound to apply the
law as it stood on the day of her decision. See Harper v. Virginia
Dep’t of Taxation, 509 U.S. 86, 97-98 (1993) (finding that courts are
bound “to apply a rule of federal law retroactively after the case
announcing the rule has already done so” in all cases still open on
direct review).

Furthermore, we find no error in the agency’s denial of relief. Lin
does not contest that he was not eligible for asylum based on his
wife’s forced abortion
. See Shi Liang Lin, 494 F.3d at 309-12.
Moreover, contrary to Ou’s assertion, the factual record in the case
was “adequately developed” with respect to the issue of Ou’s “other
resistance” to the Chinese family planning policy. See Shu Wen Sun v.
BIA, 510 F.3d 377, 381 n.5 (2d Cir. 2007) (per curiam).
Moreover, the agency reasonably determined that even if Ou did engage
in resistance to China’s family planning policy, he failed to
demonstrate that he was persecuted on account of that resistance. See
Shi Liang Lin, 494 F.3d at 313 (citing Matter of S-L-L, 24 I. & N.
Dec. 1, 10 (B.I.A. 2005)). Nothing in the record compels the
conclusion that Ou’s arrest, detention, and mistreatment upon his
repatriation to China were as a result of his resistance to China’s
population control policy as opposed to his violation of the country’s
immigration laws. See Saleh v. U.S. Dep’t of Justice, 962 F.2d 234,
239 (2d Cir. 1992) (“[P]unishment for violation of a generally
applicable criminal law is not persecution.”).

Because Ou’s claims for withholding of removal and CAT relief were
based on the same factual predicate as his asylum claim, and the BIA
reasonably found that he was unable to meet his burden for asylum, he
was necessarily unable to meet the higher standard required to succeed
on his claim for withholding of removal and CAT relief. See Paul v.
Gonzales, 444 F.3d 148, 156 (2d Cir. 2006); Xue Hong Yang v. U.S.
Dep’t. of Justice, 426 F.3d 520, 523 (2d Cir. 2005).

For the foregoing reasons, the petition for review is DENIED. As we
have completed our review, any stay of removal that the Court
previously granted in this petition is VACATED, and any pending motion
for a stay of removal in this petition is DISMISSED as moot. Any
pending request for oral argument in this petition is DENIED in
accordance with Federal Rule of Appellate Procedure 34(a)(2), and
Second Circuit Local Rule 34(b).


LIAN YING ZHANG, Petitioner,
No. 08-4563.
United States Court of Appeals, Third Circuit.

Submitted Pursuant to Third Circuit LAR 34.1(a) November 18, 2009.
Opinion filed: January 6, 2010.
Before: AMBRO, CHAGARES and ALDISERT, Circuit Judges.

Lian Ying Zhang petitions for review of the October 27, 2008 decision
of the Board of Immigration Appeals (“BIA”) affirming the Immigration
Judge’s (“IJ”) final order of removal. For the reasons that follow, we
will deny her petition for review.

Zhang, a native and citizen of China, entered the United States
without inspection in April 2000. In 2005, when she was pregnant with
her second child, Zhang applied for asylum, withholding of removal and
relief under the Convention Against Torture (“CAT”), claiming that she
feared returning to China because she had a Chinese son (now in his
twenties who remained in China) and would soon have a second child in
violation of China’s one-child family planning policies.[ 1 ] Zhang
filed a tome of documents in support of her claim, including birth
certificates for her children, Fujian Province Birth Control
Regulations and Fujian Province administrative opinions and decisions
from 2003 regarding the treatment of foreign-born children for family
planning purposes in the cities of Changle and Fuzhou in Fujian
Province, numerous articles, affidavits (including the affidavit of
demographer Dr. John Aird), transcripts of Congressional testimony,
the State Department’s 2002 “Travel Tips,” and the State Department
Country Report on Human Rights Practices in China for 2005 (“2005
Country Report”).

Following a hearing, the IJ denied all relief, finding that Zhang
failed to demonstrate that she held a well-founded fear of
persecution. Specifically, the IJ found that although Zhang had
established through testimony, affidavits, and other evidence that she
had a genuine subjective fear of persecution upon her return to China,
she failed to show that she had an objectively reasonable fear that
she would be forcibly sterilized. The IJ noted Zhang’s evidence
purporting to show that she would have to register her American-born
child in China, including the affidavit of one individual, unknown to
Zhang personally, who returned to Fujian Province with two
foreign-born children and was forced to undergo sterilization. Relying
on the State Department’s Profile of Asylum Claims for China for 2005
(“2005 Profile”), and an opinion letter dated January 7, 2007, from
Julieta Valls Noyes, Director of the State Department’s Office of
Multilateral and Global Affairs (“2007 Opinion Letter”), the IJ
decided that “the matter of whether [Zhang’s] U.S. child will even be
counted against her total for family planning purposes is, at best,
disputed.” The IJ was unpersuaded that Zhang would be singled out for
persecution if she returned to China. The IJ found the affidavits of
Zhang’s cousins, attesting that they had been forcibly sterilized
after having two children, to be largely irrelevant because these
individuals did not have foreign-born children.

The IJ also found that Zhang failed to show that Fujian Province
engaged in a pattern or practice of forced sterilization in cases like
her own. The IJ found the bulk of Zhang’s documentary evidence to be
unpersuasive because it was outdated, addressed circumstances in a
different province, had been discredited (as in the case of the Aird
Affidavit), or because it did not tend to show that Fujian Province
engaged in mandatory forced sterilization or abortion as opposed to
assessing “social compensation fees” against violators of family
planning policy. While the IJ acknowledged that the State Department’s
2002 “Travel Tips” document stated that American-born children would
be treated as Chinese citizens if their Chinese parents had no
immigration status in the United States, she noted that the document
did not address specifically whether the children would be “counted”
against the parents for family planning purposes. Relying again on the
2005 Profile and the 2007 Opinion Letter, the IJ found that, in any
event, the record evidence “pointed to a marked decrease in
enforcement of the family planning policy through forced abortion
and/or sterilization and does not indicate that there is pattern or
practice of sterilizing individuals who return to China after having
children in the United States.
” (IJ Opinion, JA-15.)[ 2 ] The BIA
adopted and affirmed the IJ’s decision. Zhang filed this timely
petition for review.

We have jurisdiction to review a final order of removal of the BIA
under 8 U.S.C. § 1252(a). Abdulai v. Ashcroft, 239 F.3d 542, 547 (3d
Cir. 2001). “[W]hen the BIA both adopts the findings of the IJ and
discusses some of the bases for the IJ’s decision, we have authority
to review the decisions of both the IJ and the BIA.” Chen v. Ashcroft,
376 F.3d 215, 222 (3d Cir. 2004). We review both decisions under a
substantial evidence standard. See Abdille v. Ashcroft, 242 F.3d 477,
483 (3d Cir. 2001). Under this deferential standard of review, we will
uphold the findings of the BIA “unless the evidence not only supports
a contrary conclusion, but compels it.” Id. at 484.

To qualify for asylum, an applicant must demonstrate, among other
things, a well-founded fear of persecution based on both a
subjectively genuine fear of persecution and an objectively reasonable
possibility of persecution. See INS v. Cardoza-Fonseca, 480 U.S. 421,
430-31 (1987). To establish eligibility for withholding of removal, an
applicant must demonstrate “a clear probability of persecution.” See
Fatin v. INS, 12 F.3d 1233, 1238 (3d Cir. 1993) (quoting INS v.
Stevic, 467 U.S. 407, 430 (1984)).

In her petition for review, Zhang claims that the IJ mischaracterized
the evidence, which, Zhang asserts, established that she would be
subject to forced sterilization if she returned to China with her
American-born child
. We disagree. According to the 2005 Profile and
the 2007 Opinion Letter upon which the IJ and the BIA relied, birth
planning policy in China is established nationally; the enforcement of
the policy is left to the provinces and local villages and can vary
widely from province to province and from village to village. (See
JA-1366; 1410.) The State Department acknowledges that forced
sterilization and abortions, which violate national law, continue to
be documented
.[ 3 ] (JA at 1367-68; 1410.) As for enforcement of birth
planning policy in Fujian Province, however, although “public and
other pressure” may be used to encourage compliance with birth
planning laws, United States officials “did not find any cases of
physical force employed in connection with abortion or sterilization”
in the last ten years. (2005 Profile, JA at 1370; 2007 Opinion Letter,
JA at 1410 (“Regarding the alleged existence of an official government
policy mandating the sterilization of one partner of couples that have
given birth to two children, U.S. officials in China are not aware of
such a policy at either the national or provincial level”)). In sum,
we conclude that the IJ’s and BIA’s decisions are supported by
substantial evidence.

Zhang also protests that the assessment of harsh and exorbitant social
compensation fees alone constitutes persecution in her case. The BIA
implicitly rejected Zhang’s argument when it concluded that she failed
to show a well-founded fear of persecution and affirmed the IJ’s
removal order. The BIA has addressed economic sanctions in Fujian
Province and has found that, at most, an alien would face “moderate
economic impact” not amounting to persecution. In re J-W-S-, 24 I. &
N. Dec. 185, 191 (BIA 2007); Shao v. Mukasey, 546 F.3d 138, 164 (2d
Cir. 2008) (finding that the BIA in J-W-S- reasonably concluded that
the economic rewards and penalties used to implement the family
planning policy in Fujian Province did not necessarily amount to
“physical or mental coercion”). Here, Zhang offered no evidence
indicating that Fujian Province would impose more stringent and
punitive economic sanctions in her case than the moderate sanctions
Fujian Province normally imposes on its residents who violate the
family planning policy. The State Department documents on record
indicate only that Fujian Province imposes economic sanctions where
foreign-born children are registered as permanent residents. (See 2005
Profile, JA at 1374; 2007 Opinion Letter, JA at 1411.)[ 4 ] Thus,
there is simply nothing in the record that would compel us to conclude
that economic sanctions, if any, that Fujian Province might impose on
Zhang would be so exorbitant as to amount to persecution. Cf. Li v.
Att’y Gen., 400 F.3d 157, 168 (3d Cir. 2005) (“[T]he deliberate
imposition of severe economic disadvantage which threatens a
petitioner’s life or freedom may constitute persecution.”).
Next, Zhang contends that the BIA failed to properly consider the
documents she submitted at the immigration hearing in support of her
claim.[ 5 ] Contrary to her assertion, the BIA “is not required to
`write an exegesis on every contention. What is required is merely
that it consider the issues raised, and announce its decision in terms
sufficient to enable a reviewing court to perceive that it has heard
and thought and not merely reacted.'” Filja v. Gonzales, 447 F.3d 241,
256 (3d Cir. 2006) (quoting Mansour v. INS, 230 F.3d 902, 908 (7th
Cir. 2000) (internal quotations omitted)). Here, the BIA acknowledged
the voluminous record in Zhang’s case and properly concluded that it
was insufficient to carry her burden of proof.

Zhang also argues that the BIA failed to remand her case to the IJ to
consider several documents that Zhang submitted for the first time on
appeal. The BIA declined to consider the additional documents, noting
that its review was “limited to the record as was constituted before
the Immigration Judge.” See 8 C.F.R. §§ 1003.1(d)(3)(i) and (iv)
(“Except for taking administrative notice of commonly known facts such
as current events or the contents of official documents, the Board
will not engage in factfinding in the course of deciding appeals.”).
We cannot fault the BIA for not considering a remand to the IJ for
consideration of the additional documents, as Zhang did not file a
motion to remand, and mentioned “remand” only once in her brief before
the BIA.[ 6 ] See Tipu v. INS, 20 F.3d 580, 582 (3d Cir. 1994)
(“Discretionary decisions of the BIA will not be disturbed unless they
are found to be `arbitrary, irrational, or contrary to law.'”)
(quoting Chun Chung v. INS, 602 F.2d 608, 612 (3d Cir. 1998)).
Moreover, Zhang has not explained (either before us or to the BIA) why
the additional documents she submitted on appeal to the BIA were not
previously available or how the evidence, if considered, would change
the result in her case. Cf. 8 C.F.R. § 1003.2(c)(1) (“A motion to
reopen proceedings shall not be granted unless it appears to the Board
that evidence sought to be offered is material and was not available
and could not have been discovered or presented at the former

In sum, we cannot say that the evidence compels a conclusion contrary
to that of the BIA. See Yu v. Att’y Gen., 513 F.3d 346, 348-49
(holding that State Department Country Reports constituted substantial
evidence supporting the BIA’s finding that petitioner’s fear of forced
sterilization upon returning to China
was not objectively reasonable);
Chen, 376 F.3d at 223 (requiring asylum applicant to demonstrate by
“credible, direct, and specific evidence an objectively reasonable
basis for the claimed fear of persecution”). Accordingly, we will deny
the petition for review.

1. Zhang gave birth to her daughter, Zoe Chen, in 2006.

2. In the opinion, the IJ mistakenly referred to the 2006 Profile of
Asylum Claims as “Exhibit 10.”

3. In Matter of J-W-S-, 24 I. & N. Dec. 185 (BIA 2007), the BIA
discussed at length the State Department’s 2005 and 2006 Profile of
Asylum Claims and its 2005 and 2006 Country Reports on China. The 2006
State Department Asylum Claims Profile and Country Report are not in
evidence in Zhang’s case.

4. In Matter of J-W-S-, 24 I. & N. Dec. 185 (BIA 2007), the BIA
discussed at length the State Department’s 2005 and 2006 Profile of
Asylum Claims and its 2005 and 2006 Country Reports on China. The 2006
State Department Asylum Claims Profile and Country Report are not in
evidence in Zhang’s case.

5. Among other evidence she claims the BIA failed to consider, Zhang
emphasizes Dr. Aird’s affidavit and accompanying materials.
(Petitioner’s Brief at 18-20.) In Yu v. Attorney General, 513 F.3d
346, 348-49 (3d Cir. 2008), we agreed with the BIA that the State
Department’s Profile of Asylum Claims and its Country Report on China,
both issued in 2005, tended to cast doubt on the utility of Dr. Aird’s
frequently-cited affidavit, which provided only generalized statements
regarding China’s family planning policies and did not specifically
address the issue of couples returning to China with foreign-born

6. We note that twenty-one of the thirty documents contained in the
“new background material” appear to be in the record already. (Compare
background-index, JA at 90-97, with indices of documents submitted at
the removal hearing, JA at 1662-1665 & 1264-65.)

YI MEI ZHU; JIE JIANG, Petitioners,
No. 09-1254.
United States Court of Appeals, Third Circuit.

Submitted Pursuant to Third Circuit LAR 34.1(a) January 5, 2010.
Filed: January 13, 2010.
Before: RENDELL, FISHER and GARTH, Circuit Judges.

Yi Mei Zhu (lead respondent) and her husband, Jie Jiang (derivative
respondent) petition for review of the final removal order issued by
the Board of Immigration Appeals (“BIA”) affirming the denial of Zhu’s
application for asylum, withholding of removal and protection under
the United Nations Convention Against Torture (“CAT”). For the reasons
set forth below, we will deny the petition.

We highlight only those facts that are pertinent to our analysis. Zhu
and Jiang, natives and citizens of the People’s Republic of China,
come from that country’s Fujian Province. They entered the United
States without valid visas or other entry documents. They conceded
removability and requested asylum, withholding of removal, relief
under the Convention Against Torture (“CAT”), and voluntary departure.
According to their testimony, Zhu and Jiang were married in a
traditional ceremony in 1995, but they could not register the marriage
with the government because Jiang was underage. Consequently, when Zhu
became pregnant in May 1995, she went into hiding to avoid the Fujian
Province family planning authorities. In November 1995, the
authorities tracked her down and took her to a local hospital against
her will where she received an injection to induce labor. She was then
transported immediately to the Fouchou City Hospital where she aborted
the pregnancy. Zhu was discharged from the hospital three days later.
Zhu and Jiang registered their marriage in March 1996 and, in February
1997, Zhu had a son. The family planning authorities forced Zhu to
have an intra-uterine device (IUD) inserted after their son’s birth.
When Zhu and Jiang decided to have a second child, they fled to avoid
China’s coercive family planning policies. Once in the United States,
Zhu had her IUD removed. Their second child was born in the United
States in 2004.

In support of her allegation that she underwent a forced abortion, Zhu
submitted her out-patient medical record from Fouchou City Hospital.

The Government submitted a State Department investigative report
indicating, among other things, that the contents of the out-patient
record were fabricated.[ 1 ] The Report was based on a certification
by the Deputy Director of the Fouchou City Hospital that the patient
record number “00025145” was not used in 1995; induced abortions could
not be done on an out-patient basis; standard medical terminology was
not used in the record; and the doctor or mid-wife whose signature
appeared on the document never worked at the hospital. (J.A . at 307.)
The IJ denied asylum relief as untimely and denied withholding of
removal and CAT relief because Zhu failed to show that she was
entitled to relief. The IJ cited certain evidentiary inconsistencies
and contradictions that had “a severe impact on the respondent’s
[Zhu’s] credibility.” (J.A. 37.) First, she noted inconsistencies in
the testimonies of Zhu’s husband and her sister concerning Zhu’s and
Jiang’s arrival in the United States. Second, the IJ found that the
investigative report, which indicated that Zhu’s out-patient medical
record was fabricated, seriously undermined her testimony about a
forced abortion in November 1995. The IJ thus concluded that, absent
credible evidence, Zhu failed to show that she had suffered past

The IJ also found that Zhu failed to show a well-founded fear of
future persecution based on the State Department’s 2004 Country Report
on Human Rights Practices in China (2004 Country Report), which
indicated that China allowed couples to have two children if the
births were separated by a period of years. Noting that there was a
seven-year gap between the births of Zhu’s two children, the IJ
concluded that there was insufficient evidence to find that the
respondents would be forcibly sterilized in China for having a second
child in the United States. The BIA affirmed the IJ’s untimeliness
determination as to asylum and her adverse credibility determination
as to all claims for relief, concluding that Zhu failed to meet her
burden of establishing eligibility for asylum, withholding of removal,
and CAT relief.

In most cases, we have jurisdiction to review a final order of removal
involving the denial of asylum. 8 U.S.C. § 1252(a)(1). However, 8
U.S.C. § 1158 provides that no court shall have jurisdiction to review
any determination regarding the timeliness of an asylum application
and the applicability of the exceptions. See Tarrawally v. Ashcroft,
338 F.3d 180, 184-85 (3d Cir. 2003). Under the REAL ID Act, we have
jurisdiction to review constitutional claims and questions of law, but
not factual or discretionary determinations related to the timeliness
of an asylum application. Sukwanputra v. Gonzales, 434 F.3d 627, 634
(3d Cir. 2006); 8 U.S.C. § 1252(a)(2)(D). Zhu has not raised any legal
or constitutional claims regarding the IJ’s determination that her
asylum claim was untimely.[ 2 ] Because we lack jurisdiction to
consider her asylum application for timeliness, our review is limited
to issues relating to the denial of withholding of removal and relief
under the CAT.

To be eligible for withholding of removal, Zhu must demonstrate that
it is more likely than not that her life would be threatened in China
on account of race, religion, nationality, membership in a particular
social group, or political opinion. Tarrawally, 338 F.3d at 186; 8
U.S.C. § 1231(b)(3)(A). To be eligible for CAT relief, Zhu must
demonstrate that it is more likely than not that she would be tortured
if removed to China. 8 C.F.R. § 208.16(c)(2).

When, as here, the BIA substantially relies on the IJ’s adverse
credibility determination, the Court reviews the decisions of both the
IJ and the BIA. Chen v. Ashcroft, 376 F.3d 215, 222 (3d Cir. 2004). We
may reverse the BIA’s decision only if the record permits but one
reasonable conclusion that was not the one reached by the Board.
I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 (1992). The IJ’s adverse
credibility finding must be upheld unless any reasonable adjudicator
would be compelled to conclude to the contrary. Fiadjoe v. Attorney
General, 411 F.3d 135, 153 (3d Cir. 2005). Only inconsistencies going
to the heart of the claims will be deemed to compromise credibility.[
3 ] Chukwu v. Attorney General, 484 F.3d 185, 189 (3d Cir. 2007).
The IJ’s adverse credibility determination is supported by substantial
evidence. Zhu testified that Fujian Province Family Planning
authorities forced her to have an abortion very late in her pregnancy
in 1995, but she submitted a fabricated out-patient medical record as
corroborating proof. Her submission of a false document to support her
claim wholly undermined her credibility.
For this reason alone, a
reasonable factfinder would not be compelled to conclude that the IJ’s
adverse credibility finding was erroneous. See Tarrawally, 338 F.3d at
187 (holding that an adverse credibility determination is supported by
substantial evidence, even where only some of the stated bases are
appropriate).[ 4 ]

Citing Yeimane-Berhe v. Ashcroft, 393 F.3d 907 (9th Cir. 2004),[ 5 ]
she argues that the record lacks any evidence from which a reasonable
factfinder could infer that Zhu knew that the out-patient medical
record was fabricated. (Pet. Br. at 7-8.) The Government counters that
we lack jurisdiction to consider Zhu’s argument because she failed to
present it before the BIA. The Court’s jurisdiction is limited under §
242(d)(1) of the INA, to cases where the petitioner “has exhausted all
administrative remedies available as of right . . . .” 8 U.S.C. §
1252(d)(1); see Abdulrahman v. Ashcroft, 330 F.3d 587, 594-95 (3d Cir.
2003). A petitioner has exhausted his administrative remedies if he
raises all issues before the BIA. Based on the notice of appeal and
Zhu’s brief before the BIA, we conclude that the BIA was not given
sufficient notice of Zhu’s claim that she was unaware that the medical
record was falsified. See Lin v. Attorney General, 543 F.3d 114, 121
(3d Cir. 2008). Accordingly, we lack jurisdiction to review the
unexhausted claim.

Zhu also argues that the IJ erred in giving the investigative report
“enormous weight,” thereby failing to consider her credibility based
on her testimony and demeanor. We disagree. By crediting the State
Department’s investigative report, the IJ necessarily rejected Zhu’s
testimony that someone at Fouchou City Hospital gave her the
out-patient record personally while she was at the hospital and that
she kept the record in her special drawer for important documents in
her home in China, where it remained until her relatives retrieved it
and sent it to the United States at her request. (J.A. at 279-81.)
Even if Zhu’s demeanor was exemplary, faced with such contradictory
evidence, the IJ had to accept one piece of evidence and reject the
other. Here, there is substantial evidence supporting the IJ’s
conclusion to credit the investigative report.[ 6 ] Hence, we are not
compelled to conclude that the IJ erred.

With respect to her well-founded fear of persecution claim, we agree
with the BIA that Zhu failed to carry her burden of demonstrating that
it is more likely than not that she or her husband would be sterilized
upon their return to China. The 2004 State Department Country Report
for China supports the conclusion that Zhu failed to show that her
fear of sterilization was objectively reasonable. See Yu v. Attorney
General, 513 F.3d 346, 348-49 (3d Cir. 2008); In re C-C-, 23 I. & N.
Dec. 899, 901-04 (BIA 2006) (concluding that, without additional
evidence to the contrary, recent State Department Country Reports
indicate that petitioner’s claimed fear of sterilization was not
reasonable). Zhu’s testimony provided no evidence contradicting the
Country Report.

Based on the foregoing, we concluded that the IJ’s adverse credibility
finding was amply supported by the record, and thus will not upset the
IJ’s determination that Zhu was not entitled to withholding of removal
or for relief under the CAT. We further conclude that the IJ’s
determination that Zhu failed to demonstrate a well-founded fear of
persecution was supported by substantial evidence. Accordingly, we
will deny the petition for review.

1. The Report also verified the authenticity of the “periodic
gynecological examination certificate” Zhu submitted to support her
claim that her IUD was inserted by Family Planning authorities in
China, and noted the examiners’ unsuccessful attempts to authenticate
a letter from her husband’s employer. (J.A. at 306.)

2. The IJ ruled that Zhu failed to show that her asylum application
was timely based on “the obvious contradictions between the male’s
[Jiang’s] testimony and the testimony of the witness [Bo Yuan Zhu] and
the total lack of documentation [like an airplane ticket stub]
regarding the arrival of the female respondent [Zhu] into the United
States.” (J.A. 37) In her brief, Zhu claimed that the IJ erred as a
matter of fact in discrediting the evidence as to timeliness.

3. Section 101(a)(3) of the REAL ID Act “applies only to cases where
the applicant applied for asylum or other relief after May 11, 2005,”
and accordingly does not apply in this case. Chukwu v. Attorney
General, 484 F.3d 185, 189 (3d Cir. 2007).

4. Although it does not change the result in this case, we note that,
in making an adverse credibility determination, the IJ inappropriately
relied on inconsistencies in testimony pertaining to the timeliness of
Zhu’s asylum application. These inconsistencies clearly do not go to
the heart of her past persecution claim.

5. In Yeimane-Berhe, the Ninth Circuit held that an IJ’s adverse
credibility finding based solely on a fraudulent medical record was
not supported by substantial evidence where there was no evidence that
the petitioner knew that the record was fabricated and nothing else in
the record suggested that the petitioner was not credible. 393 F.3d at

6. Zhu’s assertion that the IJ should have taken into account the fact
that Chinese officials would not be willing to confirm that
persecution had occurred, is belied by the Chinese authorities
willingness to confirm the authenticity of the periodic gynecological


ZAI XIANG CHEN, Petitioner,
No. 08-6085-ag-NAC.
United States Court of Appeals, Second Circuit.
January 11, 2010.

Gary J. Yerman, New York, New York, for Petitioner.
Tony West, Assistant Attorney General; Aviva L. Poczter, Senior
Litigation Counsel; Christopher P. McGreal, Trial Attorney, Office of
Immigration Litigation, United States Department of Justice,
Washington, D.C., for Respondent.

Circuit Judges.

UPON DUE CONSIDERATION of this petition for review of a Board of
Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED,
AND DECREED, that the petition for review is DENIED.
Zai Xiang Chen, a native and citizen of the People’s Republic of
China, seeks review of a November 20, 2008 order of the BIA, affirming
the June 1, 2001 decision of Immigration Judge (“IJ”) John Opaciuch,
which denied his application for asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). In re Zai Xiang
Chen, No. A076 388 443 (B.I.A. Nov. 20, 2008), aff’g No. A076 388 443
(Immig. Ct. N.Y. City June 1, 2001). We assume the parties’
familiarity with the underlying facts and procedural history in this

Under the circumstances of this case, we review the IJ’s decision as
the final agency determination. Yu Sheng Zhang v. U.S. Dep’t of
Justice, 362 F.3d 155, 159 (2d Cir. 2004). The applicable standards of
review are well-established. See Shu Wen Sun v. BIA, 510 F.3d 377, 379
(2d Cir. 2007); Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir.

Chen asserts that he is eligible for relief from removal because his
wife was forced to undergo an abortion and to use an intrauterine
It is unnecessary to examine the IJ’s credibility findings in
connection with this claim because even if such findings were flawed,
remand would be futile. See Lin Zhong v. U.S. Dep’t of Justice, 480
F.3d 104, 117 (2d Cir. 2007). We can predict with confidence that the
agency would reach the same result upon reconsideration of Chen’s
claim, because, pursuant to our decision in Shi Liang Lin v. U.S.
Dep’t of Justice, 494 F.3d 296, 314 (2d Cir. 2007) (en banc), Chen is
not per se eligible for asylum based on his wife’s alleged

Shi Liang Lin clarified that the spouse of a person who has been
forced to undergo a forced abortion or sterilization may qualify for
refugee status if he or she demonstrates past persecution or fear of
future persecution based on “other resistance to a coercive population
control program.”
494 F.3d at 314; see also 8 U.S.C. § 1101(a)(42).
Before the IJ, Chen alleged that he quarreled with family planning
officials after they forced his wife to submit to an abortion, and
that the authorities wanted to arrest him as a result.
We do not
address whether such conduct could qualify as other resistance because
substantial evidence supports the IJ’s determination that Chen’s
testimony with respect to the quarrel was not credible.
Chen’s statements during his credible fear interview regarding the
circumstances of his escape from family planning officials were
inconsistent with his testimony before the IJ. Moreover, the IJ did
not err in finding sufficiently reliable the record of Chen’s credible
fear interview, which consisted of a verbatim transcript. See Ming
Zhang v. Holder, 585 F.3d 715, 722-26 (2d Cir. 2009).

For the foregoing reasons, the petition for review is DENIED. As we
have completed our review, any stay of removal that the Court
previously granted in this petition is VACATED, and any pending motion
for a stay of removal in this petition is DISMISSED as moot. Any
pending request for oral argument in this petition is DENIED in
accordance with Federal Rule of Appellate Procedure 34(a)(2), and
Second Circuit Local Rule 34.1(b).

Other Items on CHINA- Here –

In an article in China’s People Daily entitled, China’s population policy draws wide praise September 29, 2009

Gill Greer, director-general of the London-based International Planned Parenthood Federation, told Xinhua that the family planning policy (of China) has contributed a great deal to China’s remarkable economic and social achievements over the past 30 years.

By adopting the population control policy, Greer said, China has reduced its population growth rate and alleviated problems from overpopulation.

“Thus, the policy is very conducive to China’s development in various aspects such as economy, education and health care services,” she said.

Perhaps a look at the beginnings of Planned Parenthood and their ties to Eugenics will explain their ability to turn the other way while women loose “Choice” in China – Watch Maafa21 for details (Clip Below)

READ: Social Justice on Immigration? Except for forced abortion victims- Board of Immigration again denies asylum

READ: Baby Almost Cremated Alive : Aborted baby cries before cremation

READ: China hunts down thousands to sterilize, Planned Parenthood calls policy a contributor to, “China’s remarkable economic and social achievement”

Video: Heartbeat Bill Rally for Life

Posted in Abortion, Pro-Life with tags , , , , , , on May 11, 2011 by saynsumthn

Vodpod videos no longer available.

Video: Heartbeat Bill Rally for Life , posted with vodpod

21st Century Gendercide !

Posted in Abortion, China One Child Policy, forced abortion, Forced Sterilization, Violence against women with tags , , , , , , , , , , , , , on October 15, 2010 by saynsumthn

Obama Should Tell Wen to Stop the ‘Gendercide’, Advocates Say
By Matthew Robertson
Epoch Times Staff Created Oct 7, 2010

Congressman Chris Smith at the event outside the Capitol Building on Sept. 24. (Lisa Fan/The Epoch Times)

WASHINGTON, D.C.—Before Chinese Premier Wen Jiabao leaves the U.S., human rights activists say President Obama should bring up a topic that is as important as it is underreported: the systematic destruction of tens of millions of unborn babies, overwhelmingly female.

It began on Sept. 25, 1980, almost 30 years ago to the day. After two years of policy formulation, the Central Committee of the Chinese Communist Party promulgated its plan to launch a one-size-fits-all approach to reproduction, the coercive family planning scheme known as the one-child policy.

The architects of the policy were actually elite scientists in the military establishment—at that time in China almost all science was military science—who applied theories of cybernetics to disputed sociological theories from the West, redefining China’s population problem along the lines of the hard science of complex machine systems. The result was a radical solution to the perceived “overpopulation” problem, led by one of China’s leading strategic weaponeers, according to the extensive research of Dr. Susan Greenhalgh from the Univeristy of California, Irvine.

The resultant “cruel and inhumane policy” and the brutal way it is implemented are among the worst human rights abuses in the world, according to speakers at an event held on Sept. 24 to commemorate the anniversary of the policy’s initiation. Led by Congressman Chris Smith, supported by Congressman Trent Franks, the speakers gathered near the Capitol Building’s East Front, in the heat, giving their views for close to an hour.

Standing behind the speakers was photographic evidence of the substance of their speeches: dirt villages with red banners strung across telephone poles reading “Crack down with no mercy on unauthorized births, violators who can make an escape for the moment can’t hide forever;” the face of blind activist Chen Guancheng, who was jailed and is now under house arrest for his advocacy on the part of mothers who underwent forced sterilizations; and on the left, the most troubling image, a 23-year-old woman named Li Ping lying on a bed, staring at the remains of her aborted child near her feet.

Reggie Littlejohn, an active opponent of the one child policy and president of Women’s Rights Without Frontiers, explained what happened to Ms. Li. Pregnant without a birth permit, she was pulled off the street by an overzealous “population official,” and her child was forcibly aborted. Because she had no money to pay for the disposal of the baby’s dead body, the doctors dropped it into a bag and placed it on her bed.

Ke Chengping, an invited speaker at the event near the Capitol Building, recounted a similar experience firsthand. When found pregnant the decision to abort was taken immediately, for her, by a population official. She was not allowed to call her husband, nor given an anesthetic when the official performed the procedure. “I will never be able to forget that,” she said at the end of her speech, through quiet tears. After the baby was removed from her uterus, the official inserted a sterilization device. When her husband arrived, they both cried.

One of the well-known former leaders of the Tiananmen Square student movement in 1989, Chai Ling, made a speech representing the NGO she recently founed: All Girls Allowed. She likened the one-child policy to death on the scale of the Tiananmen massacre “happening every hour” in China.

Officials adopt a multi-pronged approach to birth control, including, most commonly, fines for recalcitrants (of up to ten times the monthly income), promotions and bonuses for cadres who strictly follow population policies, regular and intrusive fertility checkups of women, the monitoring of reproductive cycles, birth permits, and a culture of fear. Coercion and violence is used when the usual mechanisms of control break down.

Representative Smith spoke about the head of a population control unit from China’s south. In a reversal of the fairytale trope, she was a mother at night and a “monster” during the day (her words), where “all the power of the state was vested in her and her family planning cadres to bring women to the abortion mills.” Resisters could be arrested and detained, and when a woman went into hiding, her husband and family members would face the same treatment.

As with all repression in communist China, this one comes in waves. Rep. Smith gave a chilling description of such a campaign in Puning county, Guangdong Province, where thousands of people were treated as livestock. Local officials there formed a crack team to round up women, men, and relatives of resisters to the policy, holding them in cramped conditions, then working overtime to sterilize them. Ten thousand people were sterilized within 20 days.

Speakers also outlined the calamitous repercussions of the policy: a ratio of between 120 and 160 males for every 100 females, which will leave millions of Chinese males without a partner; a result of this the vertiginous rise in sex trafficking to China; a rate of female suicide in China that outstrips that of men by three times, meaning that 500 women kill themselves every day partly in response to the one-child-policy; and distorted gender ratios among Chinese communities in the U.S., presumed a result of continued sex-selection practices by families once they arrive here.

Near the tail-end of the event distinguished guest speaker David Aikman former bureau-chief of Time in Beijing, arrived. It is a “terrible policy” that is disastrous for Chinese society, he said; it brings “indescribable suffering” to Chinese women.

It is a “system of repression that has been traumatizing Chinese women for thirty years,” Rep. Smith said. “No other government policy anywhere in the world systematically punishes, abuses, and violates women so grossly as this.”

As a practical measure, Rep. Smith suggests the U.S. stop funding the UN Population Fund, which he says has been the “enabler in chief” of forced abortion and forced sterilization in China. He suggests that Obama bring it up with the Chinese Premier before the latter leaves the United States. Obama met Wen yesterday, but did not touch on the issue.