Matter of H-L-H and Z-Y-Z

**Well-founded fear, China’s family planning policy, weight to be afforded evidence**

The IJ’s favorable credibility determination is not “clearly erroneous.”  However, it remains the respondent’s burden to establish that a reasonable person in her circumstances would fear being subjected to a forced sterilization or sanctions rising to the level of persecution upon her return to China.  The question whether the respondent has carried her burden of establishing a well-founded fear that the family planning policy will be enforced against her upon return to China is reviewed here de novo, and the Board has authority to give different weight to the evidence from that given by the IJ.  State Department reports on country conditions are highly probative evidence and are usually the best source of information on conditions in foreign nations.  The respondent here has not established a well-founded fear that the family planning policy will be enforced against her through means constituting persecution upon return to China.  According to the DOS, the central gov’t policy prohibits the use of physical coercion to compel persons to submit to abortion or sterilization. Respondent’s evidence does not establish a policy of forced sterilization of parents who return to China with children who were born outside the country.  In addition, the evidence can not be granted substantial weight-the country conditions evidence was obtained for the purpose of the immigration hearing, and the authors of the various personal letters are interested witnesses who were not subject to cross-examination; other letters lack sufficient detail.  In addition, the respondent has not shown that her locality (Fujian Province) represents a current exception to the general rules re enforcing family planning. 

 http://www.justice.gov/eoir/vll/intdec/vol25/3676.pdf