Qiuyan Chen v. Holder

MEMORANDUM **

Qiuyan Chen, native and citizen of China, petitions for review of the Board of *564 Immigration Appeals’s (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Zhang v. Gonzales, 408 F.3d 1239, 1244 (9th Cir.2005), we deny in part and grant in part the petition for review.

Chen contends that the IJ erred in denying her asylum and withholding of removal claims based upon the persecution of her parents who violated China’s family planning policy. We have declined to extend automatic asylum eligibility to the child of a parent who was forcibly sterilized. See id. at 1245-46 . The record shows that Chen was not prevented from attending school or becoming employed as a consequence of her family’s violation, and she did not witness her parents being taken away by the authorities. Cf. id. at 1246-50 . Substantial evidence supports the IJ’s conclusion that Chen was not eligible for asylum or entitled to withholding of removal on this…