Whether an alien has presented sufficient evidence to establish a well-founded fear of persecution is a legal determination that is reviewed de novo by the Board of Immigration Appeals. (2) In order to determine, under de novo review, whether specific facts are sufficient to meet a legal standard such as a “well-founded fear,” the Board has authority to give different weight to the evidence from that given by the Immigration Judge. (3) State Department reports on country conditions are highly probative evidence and are usually the best source of information on conditions in foreign nations. (4) The evidence presented by the respondents, considered in light of State Department country reports specific to Fujian Province, failed to establish a reasonable possibility that either respondent would be subject to forced sterilization due to having two children born in the United States or would face penalties or sanctions so severe that they would rise to the level of persecution.
Related Posts
Supreme Court to consider if undocumented immigrants can get bond hearings
The Supreme Court agreed to take up the government’s appeal of a ruling that allowed undocumented immigrants to seek release on bond after six months…
The Biden Administration Has Suspended A Trump-Era Policy That Put Immigrants At Risk Of Being Deported Without Due Process
Buzzfeed News reports that a Trump-era policy that allows ICE officers to arrest and rapidly deport certain undocumented immigrants without access to a judge was…
Circuit Court Strikes Down Matter of S-O-G- & F-D-B-
The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney…
DOJ and DOL Reach Settlement Agreements with Facebook Regarding Its Use of the Permanent Labor Certification Program
The DOJ and DOL settlement agreements with Facebook regarding its use of PERM. Facebook will pay a civil penalty of $4.75 million, pay up to…
DOJ Eliminates Trump-era Case Quotas for Immigration Judges
Justice Department is ending the use of case quotas for immigration judges that became a point of contention during the Trump administration for undercutting judges’…