551 F. App'x 580
1st Cir.2013Background
- Chen, a Chinese national, overstayed a U.S. visa and is removable.
- She has three United States citizen children born in the United States.
- Chen seeks asylum and withholding of removal based on a fear of forced sterilization upon return to China.
- The IJ found her fear not objectively reasonable; the BIA adopted this with additional reasoning.
- Key factual record includes State Department reports and Chen’s submitted documents (some deemed unreliable), with stipulations at hearing that her fear is subjectively genuine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Chen's fear of sterilization objectively reasonable? | Chen argues the fear is objectively reasonable given local enforcement against returnees with children. | The agency held the fear not objectively reasonable, relying on state reports and evidence undermining sterilization claims. | Not objectively reasonable; affirmed denial. |
| Did the agency properly weigh Chen's documentary and testimonial evidence? | Chen asserts the agency gave insufficient weight to certain documents showing risk. | BIA/IJ reasonably weighed evidence, discounting unauthenticated or unreliable materials. | Evidence weighed within discretion; no reversible error. |
| Would a monetary penalty constitute persecution? | Even if subject to policy, fines would amount to persecution. | No persecution found from fines; petitioner failed to show economic persecution or inability to pay. | No persecution based on fines; petition denied. |
Key Cases Cited
- Zheng v. Mukasey, 546 F.3d 70 (1st Cir. 2008) (rejects blanket policy argument; persecution requires more than likely penalties)
- Vanchurina v. Holder, 619 F.3d 95 (1st Cir. 2010) (well-founded fear requires subjectively genuine and objectively reasonable fear)
- Zhou Zheng v. Holder, 570 F.3d 438 (1st Cir. 2009) (substantial evidence standard governs asylum review)
- Pan v. Gonzales, 489 F.3d 80 (1st Cir. 2007) (deference to reasoned credibility and weighting of evidence)
- In re J-W-S-, 24 I. & N. Dec. 185 (BIA 2007) (affirmation that certain documents are less convincing than country reports)