Friday, March 26, 2010

Well-founded fear of persecution that respondents would be subject to forced sterilization

Matter of H-L-H- & Z-Y-Z-, 25 I&N Dec. 209 (BIA 2010U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Decided March 26, 2010
  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.

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