Hong Jian Chen v. Gonzales

MEMORANDUM **

Hong Jian Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention *720 Against Torture (“CAT”). We deny the petition for review.

Since entering the United States in 1991, Chen has fathered two sons. He alleges that he holds a well-founded fear of persecution by the Chinese government resulting from its one-child population control policy. Chen testified before the IJ that if deported, he and his wife would return to China with their two children and, he feared, would be forcibly sterilized or imprisoned if they did so.

1. To demonstrate eligibility for asylum, a petitioner who does not demonstrate past persecution must establish both a subjective fear of future persecution and the objective existence of a well-founded fear. See Kaiser v. Ashcroft, 390 F.3d 653, 658 (9th Cir.2004). Establishing these requisites with regard to hear of a coercive population control program is sufficient to demonstrate eligibility for asylum. See 8 U.S.C. § 1101 (a)(42).

We review the IJ’s decision to deny relief…