Xiu Lian Hu v. Gonzales

MEMORANDUM **

Xiu Lian Hu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision summarily affirming the immigration judge’s order denying her applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Zhang v. Gonzales, 408 F.3d 1239, 1244 (9th Cir.2005), and we deny the petition for review.

Hu contends that the Court should grant relief based upon the persecution of Hu’s close relatives (mother’s sterilization and sister-in-law’s insertion of an intrauterine device and abortion); however, we have declined to extend automatic asylum eligibility to the children of forcibly sterilized parents. See id. at 1245 . Also, Hu testified that she applied for asylum so that she could remain in the United States legally and take care of her two children (who would remain in the United States if she had to return to China). Hu testified that she wants more children.

Neither this testimony, nor any other evidence in the record, compels the conclusion that Hu showed an objective basis for her belief that she would be…