Yuan v. Att'y Gen'l of U.S., No. 10-1082 (3d Cir. 2011)Annotate this Case
Petitioner, a Chinese citizen, was charged with fraudulent attempt to enter the United States under a false identity in 2002 and sought asylum to avoid removal. The Bureau of Immigration Appeals (BIA) rejected the petition, but reopened after the petitioner gave birth to two daughters in the United States. On remand, the immigration judge heard contradictory testimony and denied the petition, concluding that the Chinese government does not sterilize or fine citizens who give birth to two or more children abroad. The BIA rejected an appeal, concluding that the petitioner was not entitled to asylum under the 2005 REAL ID Act, 8 U.S.C. 1158(b). The Third Circuit denied review, holding that the decision was supported by substantial evidence. The BIA's error in conducting de novo review was harmless.