Jin Hui Chen v. Bureau of Citizenship & Immigration Services
Docket: No. 04-0992-AG
Court: Court of Appeals for the Second Circuit; January 26, 2006; Federal Appellate Court
The petition for review of the Board of Immigration Appeals (BIA) decision by Jin Hui Chen is denied. Chen sought to reopen the BIA's prior ruling that upheld the immigration judge's denial of her asylum application and withholding of deportation. The court reviews BIA decisions under an abuse of discretion standard, identifying such abuse if the BIA's reasoning is irrational, arbitrary, or fails to consider all relevant factors. The BIA did not abuse its discretion in denying Chen’s motion, determining that the evidence did not substantiate her claim of a well-founded fear of sterilization in China due to her children being born in the U.S. The BIA noted that Chen had not violated China's family planning policy and lacked supporting background documentation for her sterilization claim. Although the BIA mistakenly stated there was insufficient documentary evidence regarding the likelihood of sterilization, the court concluded that any fear Chen expressed was largely speculative. Ultimately, even acknowledging the BIA's error, the court finds no realistic possibility for a different outcome if the case were remanded, leading to the denial of the petition for review. The court vacates any stay of removal previously granted and denies any pending motions related to the stay as moot. Additionally, requests for oral arguments are denied under applicable procedural rules.