Sunday, May 27th, 2018

CA2 Rejects H-L-H- & Z-Y-Z-: Huang & Zhou v. Holder

"Petition to review the March 26, 2010, order of the Board of Immigration Appeals, Matter of H-L-H- & Z-Y-Z-, 25 I. & N. Dec. 209 (B.I.A. 2010), rev’g Nos. A098 363 500/499 (Immig. Ct. N.Y.C. Feb. 12, 2008), denying application for asylum and other relief despite a finding by an Immigration Judge (“IJ”) that the female applicant will be subjected to coercive sterilization if returned to the People’s Republic of China. The BIA had ruled that an IJ’s finding concerning a future event is not fact-finding subject to clear error review.

The Court of Appeals rejects that ruling and remands for further consideration. The Court of Appeals also approves the BIA’s application of the de novo standard of review to the objective component of a reasonably well-founded fear of persecution and approves the BIA’s determination of the weight to be accorded State Department country reports. Petition granted, and case remanded." –