United States Fourth Circuit

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Lin v. Holder, 13-1016

Petition for review of an order of the Board of Immigration Appeals (BIA) denying petitioner's second motion to reopen removal proceedings is denied, where: 1) petitioner's evidence was insufficient to show that he would be subject to sterilization in China because much of it was unauthenticated; 2) many of the documents petitioner submitted were neither new nor previously unavailable; 3) the new documents submitted by petitioner are immaterial, as they pertain exclusively to practices involving women, and petitioner's wife is a US citizen who would not be forcibly sterilized due to her citizenship status; and 4) the BIA did not abuse its discretion in determining that petitioner' evidence was not sufficient to discredit as unreliable the findings in the May 2007 Department of State Profile of Asylum Claims and Country Conditions on China.

Appellate Information

  • Decided 11/14/2014
  • Published 11/14/2014

Judges

  • Duncan

Court

  • United States Fourth Circuit

Counsel

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