WEST ORANGE NEW JERSEY ESSEX COUNTY DIVORCE LAWYER

The husband and wife are from China and seek asylum, withholding of removal, and protection under the Convention Against Torture, based on their fear one or both of them will be forcibly sterilized for violating China's family planning regime if they are forced to return. They allege they are at risk because they had a second child while residing here. The BIA determined they failed to show their fear of sterilization was an objectively reasonable one, and denied relief. On petitioners' appeal, the circuit panel affirms, finding the case identical to Matter of C-C, which credited the relevant current State Dept. reports over the opinion of the same expert, Aird, which he based on a pool of documentary evidence from the 1980's and 1990's. The circuit panel has repeatedly recognized that State Dept. reports may constitute substantial evidence and the BIA's explanation of why it decided to credit these reports over the Aird affidavit is well-reasoned.   Yu, et al. v. Attorney General of U.S., Third Cir. (Stapleton, C.J.), January 11, 2008