CHEN V. HOLDER

2nd Circuit

Chen v. Holder (2nd Cir., Sept. 23, 2011)

Winter, McLaughlin, Cabranes (per curiam)

Summary: The Second Circuit affirmed the agency’s determination that petitioner did not carry her burden of proof in establishing her eligibility for asylum based on a forced abortion in her native China.  The Court affirmed the IJ’s finding that she failed to provide reasonably available corroborating evidence from her undocumented husband.  Given that her husband would have benefited from a grant of asylum, the Court agreed with the agency that under these circumstances the petitioner could not assert that the husband’s testimony was unavailable because of his fear of apprehension due to his undocumented status.

Read the opinion here.