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Min Liu v. Holder
Citation: 316 F. App'x 16Docket: No. 04-1308-ag
Court: Court of Appeals for the Second Circuit; March 18, 2009; Federal Appellate Court
Petitioner Min Liu, a native of China, sought review of the BIA's February 17, 2004 order, which denied her motion to reopen her case. The review was conducted to determine if the BIA abused its discretion, as established in Azmond Ali v. Gonzales. The BIA's denial was upheld because Liu did not demonstrate prima facie eligibility for asylum, withholding of deportation, or relief under the Convention Against Torture (CAT). The court noted that Liu's claims were insufficiently supported by evidence, particularly the letter from a friend, which did not establish a credible risk of sterilization similar to that faced by other women in China. Liu's testimony regarding her sister-in-law's sterilization was also deemed unconvincing without further evidence linking her situation to that of her sister-in-law. Additionally, the BIA was not obligated to consider a U.S. State Department profile presented earlier in the proceedings, as it was already accessible during Liu's January 2002 hearing. The profile's information was not applicable to Liu's specific circumstances in Fujian Province, which allowed for certain exceptions regarding childbirth. Consequently, the BIA's conclusion that Liu did not meet the eligibility criteria for the requested relief was affirmed. The petition for review was denied.