The Associated Press

Mon, May 12, 2008 (8:57 a.m.)

The Supreme Court rejected an appeal Monday from a Chinese man who sought asylum in the United States because his wife was forced to have an abortion under China's controversial family planning policy.

Yi Qiang Yang and his wife had a traditional marriage when he was 20 and she was 17, but they were too young to be married legally in China. Authorities forced his wife to have an abortion when she was eight months pregnant.

U.S. immigration policy has made it easier for men in legal marriages to apply for asylum in such situations, but has taken a harder line on men who entered into traditional marriages or were not married at all. There is no dispute that women can seek asylum under the law.

U.S. courts have taken varying approaches to claims by Chinese men that they should be allowed to stay in the United States because they have suffered under a policy that generally limits couples to one child.

The justices did not comment on their action Monday.

The case is Yang v. Mukasey, 07-756.