Chen

MEMORANDUM **

Wen Chen, a native and citizen of the People’s Republic of China, sought asylum based on fear of forced sterilization. He testified in his asylum hearing that after his wife gave birth to their first child, the family planning officials summoned her to insert an IUD. When she refused to appear, the officials threatened to sterilize Chen, destroyed Chen’s property, and detained his mother for several months. The IJ made an adverse credibility determination, relying partly on the Department of State country reports to refute Chen’s testimony. In addition, the BIA denied Chen’s motion for remand based on new evidence that his wife was forcibly sterilized without stating why the evidence was insufficient.

In Zheng v. Ashcroft, 382 F.3d 993, 997 (9th Cir.2004), this Circuit recently held that although an IJ “may use a country report as ‘supplemental’ evidence to discredit ‘a generalized statement’ made by the petitioner” the IJ may not use a country report to “ ‘discredit specific testimony regarding his individual experience.’ ” In Zheng , the IJ discredited Zheng’s testimony that he and his partner were forced to abort their first child because the country report…