context: Nor does anything in the statute preclude the BIA from considering the effect that China's family planning policies may have on a couple's shared right to reproduce and raise children. Because Congress did not specifically address these issues, the statute is ambiguous. It therefore falls to the BIA to determine whether the harm an individual experiences when his or her spouse is subjected to a forced abortion or sterilization is sufficient to constitute persecution.
citation_a.signal: see
citation_a.identifier: 266 F.3d 102, 102
citation_a.parenthetical: granting "Chevron deference to the Board's construction of the INA, which it ... administer[s]"
citation_a.sentence: See, e.g., Kuhali, 266 F.3d at 102 (granting “Chevron deference to the Board’s construction of the INA, which it ... administer[s]”); cf. Sun Wen Chen, 491 F.3d at 107 (noting that the BIA “exercised its delegated gap-filling authority reasonably” when it recognized the harms an individual experiences as a result of the forced abortion or sterilization of his spouse).
citation_b.signal: cf.
citation_b.identifier: 491 F.3d 107, 107
citation_b.parenthetical: noting that the BIA "exercised its delegated gap-filling authority reasonably" when it recognized the harms an individual experiences as a result of the forced abortion or sterilization of his spouse
citation_b.sentence: See, e.g., Kuhali, 266 F.3d at 102 (granting “Chevron deference to the Board’s construction of the INA, which it ... administer[s]”); cf. Sun Wen Chen, 491 F.3d at 107 (noting that the BIA “exercised its delegated gap-filling authority reasonably” when it recognized the harms an individual experiences as a result of the forced abortion or sterilization of his spouse).