Chen v. Holder, Jr.

Petitioner, a native of China, sought review of the BIA's denial of her motion to reopen her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court concluded that the BIA did not abuse its discretion in denying the motion where petitioner failed to produce documents that were previously unavailable to her 2010 merits hearing and that were material to the outcome of the proceeding. She failed to demonstrate the likely impact of any economic sanctions imposed for her violations of China's one-child policy or the probability that she would be subject to sterilization in her particular province. Petitioner failed to make a prima facie case for her substantive asylum eligibility. The court rejected petitioner's argument that the BIA evaluated her exhibits too strictly where the court noted that the BIA correctly found that petitioner's documents from China were not sufficiently authenticated in any manner and were therefore not considered genuine, authentic, and objectively reasonable evidence. Accordingly, the court denied the petition for review. View "Chen v. Holder, Jr." on Justia Law