Diang Lin v. Eric Holder, Jr.

MEMORANDUM

Diang Lin petitions for review of the Board of Immigration Appeals’ (BIA) decision denying his motion to reopen proceedings. We deny the petition. Because the parties are familiar with the facts and history of the case, we need not recount it here.

To show grounds for reopening, Lin must establish prima facie eligibility for asylum. See Feng Gui Lin v. Holder, 588 F.3d 981, 986 (9th Cir.2009). To show prima facie eligibility, Lin must establish that his violation of China’s family planning policy would be punished in the local area in a way that would give rise to an objective fear of future persecution. See In re J-H-S-, 24 I. & N. Dec. 196, 199 (BIA 2007). Lin argued that he satisfied this standard because he and his wife have two children and that, “if we are sent back to China, one of us will be forced to undergo sterilization, and we will both be heavily fined.”

The BIA did not abuse its discretion by determining that Lin has not made an adequate showing that he would be forcibly sterilized. The BIA cited Matter of H-L-H & Z-Y-Z- 25 I. & N. Dec. 209 (BIA 2010), which held that family planning policies in Fujian province are likely to be enforced by fines and…