Case Details
- Status
- Published
- Procedural Posture
- Appeal before Board of Immigration Appeals
Related Laws
No specific laws identified for this ruling.
Outcome
The Board of Immigration Appeals reversed the Immigration Judge's determination, finding that respondents failed to establish a well-founded fear of persecution based on China's family planning policies, as State Department country reports did not support claims of forced sterilization or persecution-level sanctions for having two U.S.-born children.
Excerpt
H-L-H- & Z-Y-Z-, 25 I&N Dec. 209 (BIA 2010) ID 3676 (PDF) (1) Whether an alien has presented sufficient evidence to establish a well-founded fear of persecution is a legal determination that is reviewed de novo by the Board of Immigration Appeals. (2) In order to determine, under de novo review, whether specific facts are sufficient to meet a legal standard such as a "well-founded fear," the Board has authority to give different weight to the evidence from that given by the Immigration Judge. (3) State Department reports on country conditions are highly probative evidence and are usually the best source of information on conditions in foreign nations. (4) The evidence presented by the respondents, considered in light of State Department country reports specific to Fujian Province, failed to establish a reasonable possibility that either respondent would be subject to forced sterilization due to having two children born in the United States or would face penalties or sanctions so severe that they would rise to the level of persecution.
What This Ruling Means
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