Lin v. Holder, No. 12-2271 (1st Cir. 2013)
Annotate this CasePetitioner, a native and citizen of China, was placed in removal proceedings. Petitioner sought filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, seeking relief. An immigration judge granted Petitioner's asylum application, finding that Petitioner had a reasonable fear in being subject to, at a minimum, having a forced intrauterine device (IUD) insertion and possibly sterilization in order to prevent her giving birth to future children. The Board of Immigration Appeals (BIA) reversed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not err in concluding that Petitioner did not face an objectively reasonable risk of having implanted an IUD by Chinese authorities through persecutory means or of suffering persecutory harm if she were to refuse to have an IUD implanted.
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