Chen v. Holder, No. 11-1925 (1st Cir. 2012)Annotate this Case
Petitioners, a wife and husband, were Chinese nationals. In removal proceedings, Petitioners argued that, if repatriated, they would be subjected to involuntary sterilization. The Immigration Judge (IJ) determined that Petitioners' testimony was not believable and, therefore, Petitioners had failed to establish either past persecution or a well-founded fear of future persecution. On appeal, the Board of Immigration Appeals (BIA) (1) affirmed the denial of Petitioners' applications for asylum, withholding of removal, and relief under the United Nations Convention Against Torture; and (2) denied Petitioners' motion for reconsideration. Petitioners sought judicial review. The First Circuit Court of Appeals denied the petitions for review, holding (1) the BIA did not engage in improper factfinding to sustain the adverse credibility determinations; and (2) the IJ and BIA did not err in rejecting Petitioners' claims for asylum based on a well-founded fear of future persecution.