The Second Circuit has upheld the streamlined review procedures of the Board of Immigration Appeals in Zhang v. United States Department of Justice. Zhang sought political asylum, claiming that he had left China to escape prosecution for violating China's oppressive birth control policies. After a hearing, the Immigration Judge denied Zhang's application because he did not find Zhang to be credible. Zhang appealed to the BIA, which using the new streamlined review procedures, affirmed the Immigration Judge without an opinion. Zhang appealed to the Second Circuit, arguing that the BIA, by having a single Board member summarily affirm the decision of the Immigration Judge, abused its discretion and denied him due process. The Second Circuit noted that similar arguments had been made before the First, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits and had been rejected in each of them. The Court noted that appellate review of agency decisions is a statutory, not Constitutional, right. Because nothing in the immigration laws requires review by a three-member panel, the BIA was free to set up its own procedures. Also, a petitioner could still go to the Court of Appeals to further argue his or her case. Although the summary affirmance of the BIA would not meet the standards of a reasoned decision, the decision of the Immigration Judge would provide such a decision. In sum, Zhang got all the process he was entitled to -- a hearing, a reasoned decision, review by the BIA and the right of relief from the Courts. The decision was rendered on March 24, 2004 and can be found on the Second Circuit website.