Yi Chen v. Eric Holder, Jr.
705 F.3d 624
7th Cir.2013Background
- Chen illegally entered the United States in 2006 and his wife later had a second child in China who was forcibly sterilized by Chinese authorities.
- Chen sought asylum, withholding of removal, and protection under the Convention Against Torture based on persecution tied to his wife’s sterilization and, later, his Falun Gong practice.
- During removal proceedings, Chen began practicing Falun Gong in 2009 and added this as a basis for relief.
- An IJ denied relief, finding no past persecution and no well-founded fear of future persecution, and granted voluntary departure.
- The Board affirmed, and Chen moved for remand with new evidence (undated photos and a letter allegedly from his wife).
- The Board remanded solely to allow advisory statements with voluntary removal, but reinstated the removal order after an IJ hearing; Chen petitions for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past persecution based on wife’s sterilization | Chen argues persecution arose from wife’s sterilization | Board found no persecution; emotional distress insufficient | No past persecution established for Chen |
| Well-founded fear based on Falun Gong | Chen asserts objectively reasonable fear due to Falun Gong | Agency found no reasonable possibility of persecution | No well-founded fear established |
| Motion to remand based on new evidence | Chen asserts Board abused discretion by denying remand | Board properly weighed credibility and reliability of new evidence | Board's denial of remand and weighing of new evidence affirmed |
Key Cases Cited
- Shan Zhu Qiu v. Holder, 611 F.3d 403 (7th Cir. 2010) (emotional distress from spouse’s sterilization not persecution)
- Matter of J-S-, 24 I. & N. Dec. 520 (BIA 2008) (emotional distress not persecution; need for targeted persecution)
- Bolante v. Mukasey, 539 F.3d 790 (7th Cir. 2008) (official standards for asylum fear analysis; objective reasonable standard)
- Sayaxing v. I.N.S., 179 F.3d 515 (7th Cir. 1999) (definition of well-founded fear; factual burden)
- Elias-Zacarias, 502 U.S. 478 (1991) (persecution definition and standard of fear)
- Pop v. I.N.S., 279 F.3d 457 (7th Cir. 2002) (abuse of discretion standard for remand decisions)
- Song Wang v. Keisler, 505 F.3d 615 (7th Cir. 2007) (untested foreign documents; administrative weight)
- Qin Wen Zheng v. Gonzales, 500 F.3d 143 (7th Cir. 2007) (reliability of unauthenticated foreign documents)