Professional Documents
Culture Documents
No. 10-1583
XIAN CHEN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
Submitted:
December 6, 2010
Decided:
February 3, 2011
Gary J. Yerman, New York, New York, for Petitioner. Tony West,
Assistant Attorney General, Daniel E. Goldman, Senior Litigation
Counsel, Jonathan Robbins, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
PER CURIAM:
Xian
Chen,
native
and
citizen
of
the
Peoples
Torture
(CAT).
Chen
claims
the
Board
abused
its
1158(a)
(2006).
The
INA
defines
refugee
as
8 U.S.C.
a
person
involves
the
or
threat
of
death,
171,
177
(4th
citations omitted).
Cir.
2005)
(internal
quotation
marks
and
on
account
of
political
opinion.
U.S.C.
1101(a)(42)
(2006).
An alien bear[s] the burden of proving eligibility
for asylum, Naizgi v. Gonzales, 455 F.3d 484, 486 (4th Cir.
2006);
see
C.F.R.
1208.13(a)
(2010),
and
can
establish
8 C.F.R. 1208.13(b)(1)
2004).
Without
establish
to
well-founded
protected ground.
contains
regard
both
past
fear
Id. at 187.
subjective
persecution,
of
an
persecution
alien
based
on
can
a
and
an
objective
component.
The
(4th
through
Cir.
the
2006).
The
presentation
of
subjective
candid,
component
credible,
can
and
be
met
sincere
determination
regarding
eligibility
for
asylum
or
INS v. Elias-
Administrative findings of
8 U.S.C. 1252(b)(4)(B)
Elias-
Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325
n.14 (4th Cir. 2002).
that
conclude
Chen
that
was
not
substantial
the
victim
evidence
of
past
supports
the
persecution.
the
We
also
conclude
finding
that
Chen
that
did
substantial
not
show
evidence
well-founded
supports
fear
of
Even if
is
reasonable
possibility
that
Chinese
Government
of
having
children
born
in
the
United
States,
we
See 8
with
oral
we
deny
argument
the
petition
because
the
for
facts
review.
and
We
legal
PETITION DENIED