SLOVITER, Circuit Judge.
Ying Chen and her husband Qiang Chen (collectively, "petitioners") seek review of a final removal order entered by the Board of Immigration Appeals ("BIA"). At issue is the frequently encountered issue of asylum for the Chinese parents of American born children whose birth exceeds the maximum under China's population control rules.
Mr. Chen, a native and citizen of China, Fujian Province, entered the United States in 1996 without inspection. Ms. Chen, also from China, Fujian Province, entered in 2003 without inspection. The couple married here in 2005 and have had two sons, born in 2005 and 2008, both United States citizens. In 2008, after the Department of Homeland Security served Notices to Appear, petitioners conceded their removability before an Immigration Judge ("IJ"). They applied for asylum, withholding of removal, Convention Against Torture ("CAT") relief, and, alternatively, voluntary departure. Petitioners—principally Ms. Chen, the lead applicant and sole witness to testify before the IJ—claim that they fear persecution upon return to China for having violated the one-child policy in that Ms. Chen will be forcibly sterilized and/or face economic persecution.
The IJ denied relief. Among other things, the IJ found that Ms. Chen's stated desire to have a third child upon return to China is speculative, and that, under the holding in Matter of J-W-S-, 24 I. & N. Dec. 185 (BIA 2007), she failed to show a well-founded fear that she would be forcibly sterilized upon returning with her two United States citizen children. The IJ also denied withholding of removal and found no evidence showing a likelihood that Ms. Chen will be subjected to torture upon return.
Petitioners filed a motion with the IJ to reopen the record and for reconsideration. They submitted an affidavit from an aunt of Ms. Chen, who stated that she was forcibly sterilized upon returning to China with two children that she had while in Japan. The IJ denied petitioners' motion, noting that they had ample opportunity to present all evidence at the merits hearing, and that the evidence from the aunt was available and could have been presented previously.
We have jurisdiction under 8 U.S.C. § 1252(a)(1). Our review is of the BIA's decision, although we also review the IJ's decision to the extent that the BIA adopted or deferred to the IJ's analysis. Zhang v. Gonzales, 405 F.3d 150, 155 (3d Cir.2005). "We review factual findings, including findings of persecution and fear of persecution, under the substantial evidence standard." Sandie v. Att'y Gen., 562 F.3d 246, 251 (3d Cir.2009). "Under this deferential standard, findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary." Id. (quotation marks omitted).
Petitioners argue that Ms. Chen established that her fear of future persecution is well-founded. They contend that the BIA and the IJ engaged in "generic reliance" on the holding in Matter of J-W-S- and failed to consider evidence showing that petitioners' children will be treated as Chinese citizens, which gives rise to their fear that Ms. Chen will be sterilized or subjected to onerous fines for having had more than one child. Petitioners' Br. at 24.
The BIA's recent opinion in Matter of H-L-H & Z-Y-Z-, 25 I. & N. Dec. 209 (BIA 2010), contains a comprehensive discussion that persuasively addresses many of the issues before us. This court has not previously considered in a precedential opinion the BIA's latest view of this issue.
The respondents there, like the Chens here, were natives and citizens of China who hailed from the Fujian Province and had two United States citizen children. Id. at 210. They claimed that if they returned to China, and specifically the Fujian Province, the female respondent would be subject to forced sterilization as well as a significant fine. Id. The IJ agreed and granted the respondent's application for asylum. Id. The BIA vacated the opinion of the IJ, concluding that the respondent had not shown that she possessed a well-founded fear of forcible sterilization or other sanctions rising to the level of persecution. Id. at 218.
In doing so, the BIA noted that State Department reports on country conditions, including the Profiles of Asylum Claims & Country Conditions, are "highly probative evidence and are usually the best source of information on conditions in foreign nations." Id. at 213. With respect to the discussion of forced sterilization in China and Fujian Province in particular, in the May 2007 China: Profile of Asylum
Id. at 214 (internal citations omitted).
Similarly, with respect to the 2007 Profile discussion regarding the economic sanctions that might be imposed, the BIA stated:
Id. at 216 (internal citations omitted).
In sum, the BIA in Matter of H-L-H & Z-Y-Z- concluded that the evidence presented "indicates that physical coercion to achieve compliance with family planning goals is uncommon and unsanctioned by China's national laws and that the overall policy is much more heavily reliant on incentives and economic penalties." Id. at 218. With regard to those incentives and penalties, the BIA held that "the respondent has not shown that her locality represents a current exception to the general rules in which the Chinese Government relies on a variety of measures short of persecution to enforce its population control policy." Id.
With Matter of H-L-H & Z-Y-Z- in mind, we find substantial evidence in the record here to support the denial of asylum. To establish eligibility for asylum, petitioners had to prove either past persecution (which they have not claimed) or "a well-founded fear of future persecution on account of a statutorily enumerated ground." Espinosa-Cortez v. Att'y Gen., 607 F.3d 101, 107 (3d Cir.2010). A "well-founded fear" must be both subjectively and objectively reasonable. Id. at 108. To establish objective reasonableness, petitioners must show that "a reasonable person in the alien's circumstances would fear persecution if returned to [China]." Zubeda v. Ashcroft, 333 F.3d 463, 469 (3d Cir. 2003). "`A person who has a well founded fear that he or she will be forced to abort a pregnancy or undergo involuntary sterilization
The BIA agreed with the IJ's analysis and found that the birth of petitioners' two children does not warrant asylum, citing both this Court's decision in Yu v. Att'y Gen., 513 F.3d 346, 349 (3d Cir.2008) (holding that substantial evidence supported determination that petitioners failed to show that fear of sterilization was objectively reasonable), and its own decision in Matter of J-W-S-, 24 I. & N. Dec. at 189-90 (rejecting evidence that petitioner had well-founded fear of forcible sterilization based on returning to China with U.S. born children). Contrary to petitioners' suggestion, the BIA and the IJ did not ignore their evidence or fail to conduct a case-specific analysis of the evidence.
The IJ cited evidence in the record from the State Department Reports and a Law Library of Congress Report indicating that petitioners' children will not be considered Chinese nationals upon return. As we have explained, "State Department reports may constitute substantial evidence." Yu, 513 F.3d at 349. The BIA expressly rejected petitioners' efforts to distinguish the evidence in their case from Matter of J-W-S- and Matter of S-Y-G-, 24 I. & N. Dec. 247 (BIA 2007), and was not persuaded that petitioners' children will be considered Chinese citizens.
Petitioners also challenge the finding that they failed to establish that Ms. Chen
Petitioners also argue that the BIA and the IJ erred in rejecting as unauthenticated the notice from Ms. Chen's Village Committee. According to petitioners, the notice, which was purportedly obtained by Ms. Chen's mother, establishes to a reasonable probability that Ms. Chen will be forcibly sterilized in her local community, and she suggests that her credible testimony alone sufficed to authenticate the document. The BIA, however, properly observed that the Village Committee document had not been authenticated by any means at all, such as an affidavit from Ms. Chen's mother as to how the document was obtained. Thus, the IJ properly discounted the document. Further, the BIA properly applied the rule that, "even where an applicant is credible, corroboration may be required if the applicant is to meet her burden of proof." Chen v. Gonzales, 434 F.3d 212, 218 (3d Cir.2005).
In short, we discern no reversible error in the denial of petitioners' claims for asylum. Because withholding of removal carries a higher burden of proof than asylum, the request for withholding was properly denied, as well. See Chen v. Ashcroft, 376 F.3d 215, 223 (3d Cir.2004). Finally, because petitioners do not challenge the denial of CAT relief in their brief before this Court, we deem that issue waived and do not address it. See Lie v. Ashcroft, 396 F.3d 530, 532 n. 1 (3d Cir.2005).
We have considered whether our recent decision in Huang v. Att'y Gen., 620 F.3d 372 (3d Cir.2010), warrants a remand of this matter to the BIA, but we conclude that it does not. In Huang, the BIA reversed an IJ's decision to grant asylum based on a finding that the petitioner had an objectively well-founded fear that she would be forcibly sterilized upon returning to China with her two children born in the United States. This Court observed that, in reversing the IJ's determination that Huang's fear was well-founded, the BIA had "failed to address any evidence [of record] that, if credited, would lend support to Huang's asserted fear of sterilization, and thus [the BIA] decision does not reflect a consideration of the record as a whole." Id. at 388. We noted that, "[w]hile we are not suggesting that the BIA must discuss every piece of evidence mentioned by an asylum applicant, it may not ignore evidence favorable to the alien." Id. Consequently, because the BIA's analysis in Huang did "little more than cherry-pick a few pieces of evidence, state why that evidence does not support a well-founded fear of persecution, and conclude that Huang's asylum petition therefore lacks merit," we remanded for the BIA to
In the present case, we do not find a similar flaw in the agency's analysis. As discussed, the IJ sufficiently considered the relevant documents and evidence of record. Unlike Huang, where "the BIA discussed none of [the record] evidence" suggesting that Huang might face forced sterilization upon return to China, id., the BIA here stated that it had considered the evidence that petitioners submitted in an effort to distinguish their case from Matter of J-W-S-, but it agreed with the IJ's analysis and finding that petitioners' evidence was unpersuasive and insufficient to warrant relief. Further, the record here does not reflect that the agency "ignor[ed] evidence favorable to the alien," Huang, 620 F.3d at 388; rather, the IJ and the BIA considered petitioners' evidence but rejected it on the ground that it did not establish an objectively well-founded fear of forcible sterilization. Given this record, and given that substantial evidence in the record supports the agency determination, we conclude that a remand of this matter is unwarranted.
We have also considered petitioners' remaining arguments (including their challenge to the denial of the motions to reopen and remand so that they could present evidence from Ms. Chen's aunt—evidence that the BIA fairly characterized as "previously available"), but we find those arguments without merit and in need of no separate discussion.
For the foregoing reasons, we will deny the petition for review.