Wu v. US Attorney General, No. 12-16150 (11th Cir. 2014)Annotate this Case
Petitioner and her husband, natives and citizens of China, sought review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and her husband's application for asylum and withholding of deportation. The court concluded that petitioner and her husband failed to show that the IJ and BIA erred in determining that the 2006 Tingjian Document- which ordered the sterilization of either petitioner or her husband when they returned to China - was unauthenticated, and therefore, the IJ and BIA did not err in giving it little or no weight; substantial evidence supported the BIA's conclusion that petitioner failed to show a well-founded fear of persecution where the BIA distinguished between U.S.-born and Chinese-born children for the purposes of enforcing China's family planning policy; and the court could not say that the record compelled a conclusion that there was a reasonable possibility that petitioner would face economic persecution if she returned to China. Accordingly, the court denied the petition for review.