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LIU v. GARLAND (2021)

United States Court of Appeals, Second Circuit.2021-07-07No. 12-4324

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Opinion

SUMMARY ORDER

Petitioners Su Zhen Liu and Yi Fa Chen, natives and citizens of the Peoples Republic of China, seek review of an October 15, 2012, BIA decision that affirmed the September 29, 2010, decision of an Immigration Judge (“IJ”) denying asylum and withholding of removal. In re Su Zhen Liu, Yi Fa Chen, Nos. A096 191 966/965 (B.I.A. Oct. 15, 2012), affg Nos. A096 191 966/965 (Immig. Ct. N.Y. City Sept. 29, 2010). We assume the parties’ familiarity with the underlying facts and procedural history.

Under the circumstances of this case, we have reviewed both the IJs and the BIAs opinions “for the sake of completeness.” Wangchuck v. Dept of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). The applicable standards of review are well established. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 168-69 (2d Cir. 2008). Petitioners applied for asylum and withholding of removal, naming Chen as a derivative 2 beneficiary and asserting that Liu fears persecution based on the birth of their children in Belize and the United States in violation of Chinas population control program.

While we recognize that the petitioners in Jian Hui Shao were from Fujian Province, and Petitioners here are from Guangdong Province, our reasoning in that case, see id. at 158-67, is nonetheless largely applicable to this case. We find no error in the agencys determination that Petitioners failed to satisfy their burden for asylum and withholding of removal because their evidence of conditions in Guangdong Province does not describe the use of force in the enforcement of the family planning policy and their personalized evidence does not show persecution of similarly situated individuals, i.e., Chinese nationals returning to China with foreign-born children. See id. at 160-61, 165-66, 171-72.

For the foregoing reasons, the petition for review is DENIED.