526 F. App'x 100
2d Cir.2013Background
- Huang, a native and citizen of China, seeks asylum, withholding of removal, and CAT relief in the U.S.
- He conversion to Christianity occurred roughly nine months before his September 2009 IJ hearing.
- At the hearing, Huang mentioned church attendance only after being asked if there was anything else important to his case.
- The IJ denied his asylum and withholding claims; the BIA affirmed the denial.
- Huang did not raise a religious persecution claim before the IJ, and the BIA declined to consider it on appeal.
- The Board concluded Huang failed to demonstrate a well-founded fear of future persecution and did not present corroborating documentation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA properly refused to consider Huang's religious persecution claim. | Huang argues the Board should decide all genuine claims presented on appeal. | The BIA may not engage in factfinding or consider new issues not raised before the IJ. | Yes; BIA properly refused to consider new religious claim. |
| Whether Huang needed past persecution to obtain asylum for a well-founded fear of future persecution. | Past harm is not strictly required if a well-founded fear exists | Past persecution or its credible threat is necessary to establish future fear absent other factors | Denied; failure to show past persecution; fear not well-founded |
| Whether the fear of sterilization was objectively reasonable given record evidence and lack of corroboration. | Threats by family planning officials create a genuine fear | Threats were unfulfilled and uncorroborated; fear speculative | Not objectively reasonable; reliance on unfulfilled threats without corroboration |
Key Cases Cited
- Jian Xing Huang v. INS, 421 F.3d 125 (2d Cir. 2005) (fear not reasonable where threats unfulfilled)
- Gui Ci Pan v. U.S. Att’y Gen., 449 F.3d 408 (2d Cir. 2006) (rejected persecution claims based on unfulfilled threats)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (well-founded fear standard applied to asylum cases)
- Diallo v. INS, 232 F.3d 279 (2d Cir. 2000) (fear must be subjectively and objectively reasonable)
- Yan Chen v. Gonzales, 417 F.3d 268 (2d Cir. 2005) (standard of review for BIA determinations)
- Yanqin Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (application of asylum statutes and review standards)
- Matter of J-Y-C-, 24 I. & N. Dec. 260 (BIA 2007) (BIA not to consider new issues raised first on appeal)
- Matter of Edwards, 20 I. & N. Dec. 191 (BIA 1990) (alien may not raise unraised claims on appeal)