09-3090 Lin v. Holder

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Immigration
Asylum; China

Where Chinese asylum seekers two children were born in the United States, rather than China, they failed to show a presumption of future prosecution through sterilization if removed to China.
“We find that the IJ’s conclusion, as supplemented by the Board, to be supported by substantial evidence. Absent a showing of past persecution, which raises a presumption that the applicant will be persecuted in the future, the Lins had to present ‘specific, detailed facts showing a good reason to fear that [they] will be singled out for persecution’ once returned to China. Zhu, 465 F.3d at 321 (quoting Borca v. I.N.S., 77 F.3d 210, 214 (7th Cir. 1996)). Mr. Lin’s testimony that he fears sterilization was based entirely on his girlfriend’s unwanted 1992 abortion which, as we said, is insufficient to trigger a presumption of future persecution. The only other fact the Lins presented was that Mr. Lin’s cousin underwent an unwanted sterilization procedure in 1996 after the birth of her second child. But, unlike the Lins, the cousin’s children were born in China. Her letter was of little value in establishing what would happen to parents with children born outside China. Mrs. Lin testified that her fear of persecution was entirely premised upon the letter and conversations with her mother-in-law. While the Lins also presented several documents and an affidavit that suggested the possibility of coercive sterilization, we cannot disagree with the Board’s determination that the items were unreliable because they were not based on personal knowledge. See Matter of J-W-S-, 24 I. & N. Dec. 185 (BIA 2007); Matter of C-C-, 23 I. & N. Dec. 899 (BIA 2006). See also Wang, 505 F.3d at 622-23. Without specific facts to support their claim of a well-founded fear of persecution, the Lins failed to meet their burden and the IJ’s denial of their asylum application was reasonable.”

Petition Denied.

09-3090 Lin v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Bauer, J.

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