Yan Juan Chen v. Holder
2011 U.S. App. LEXIS 19479
| 2d Cir. | 2011Background
- Chen, a PRC citizen, sought asylum, withholding of removal, and CAT relief based on coerced family-planning abuses.
- IJ denied relief after finding Chen's testimony vague and unrebutted by corroborating evidence; documents were inconclusive.
- Chen did not produce her husband at the September 26, 2007 hearing; the IJ warned of the adverse impact and gave Chen an opportunity to proceed without him.
- Chen testified alone; the IJ criticized demeanor and details, noting inconsistencies in documentary evidence (e.g., First Child Certificate, Only Child Certificate, abortion certificate).
- BIA affirmed, adopting the IJ's reasoning and holding Chen failed to meet her burden without reasonably available corroboration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether corroboration was required and reasonably available | Chen contends sufficient corroboration existed without husband. | Government contends corroboration was required and husband was reasonably available. | Denied; substantial evidence supports corroboration requirement. |
| Whether husband's unavailable testimony was reasonably available | Husband would testify; his fear excuses non-appearance. | Husband's fear does not render testimony unavailable; could have testified. | Reasonable for IJ to find husband’s testimony unavailable. |
| Whether Chen's own testimony, without corroboration, sufficed to prove eligibility | Credible, detailed testimony could sustain relief. | Testimony lacked detail and corroboration was required. | No; testimony alone insufficient under substantial-evidence standard. |
Key Cases Cited
- INS v. Elias-Zacarias, 502 U.S. 478 (1992) (substantial-evidence standard for asylum determinations)
- Xiao Ji Chen v. U.S. Dep't of Justice, 471 F.3d 315 (2d Cir. 2006) (credibility and corroboration framework under REAL ID Act)
- Ming Shi Xue v. BIA, 439 F.3d 111 (2d Cir. 2006) (notice requirement for missing corroboration evidence)
- Liu v. Holder, 575 F.3d 193 (2d Cir. 2009) (courts may require corroboration when credible testimony exists but is incomplete)
- Kyaw Zwar Tun v. INS, 445 F.3d 554 (2d Cir. 2006) (witness feasibility and fear considerations in corroboration)
- Zhang v. INS, 386 F.3d 66 (2d Cir. 2004) (link between asylum eligibility and withholding eligibility)