Huang v. Holder, No. 10-1263 (2d Cir. 2012)Annotate this Case
Petitioner and her husband, natives and citizens of the People's Republic of China (PRC), petitioned for review of the BIA's denial of their application for asylum and other relief despite a finding by an IJ that petitioner would be subjected to coercive sterilization if returned to the PRC. The court concluded that an IJ's finding that a future even would occur if an applicant was removed was a finding of fact subject to review for clear error and that the BIA properly applied de novo review to an IJ's determination that an applicant had not satisfied her burden to establish an objectively reasonable fear of prosecution. The court also concluded that the BIA could determine the weight to be accorded to State Department country reports. Therefore, the court granted the petition and remanded the case.