02272012-11-20

11-1961-ag

Chen v. Holder

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER

FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF

APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER

IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN

ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY

ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals

2 for the Second Circuit, held at the Daniel Patrick Moynihan

3 United States Courthouse, 500 Pearl Street, in the City of

New York, on the 23rd 4 day of July, two thousand twelve.

5

6 PRESENT:

7 DENNIS JACOBS,

8 Chief Judge,

9 JON O. NEWMAN,

10 PIERRE N. LEVAL,

11 Circuit Judges. 

12 _______________________________________

13

14 MING SHENG ZHU v. HOLDER, 10-4432-ag

15 A079 673 541 

16 _______________________________________

17

18 BEN CHEN v. HOLDER, 10-4718-ag

19 A072 473 754

20 _______________________________________

21 

22 EN CHEN, AKA YIN CHEN v. HOLDER, 10-4742-ag

23 A077 309 013

24 _______________________________________

25

26 SAI YING CHEN v. HOLDER, 10-4997-ag

27 A098 775 949

28 _______________________________________
02272012-11-20 2

1

2 ZU HUA LIU v. HOLDER, 10-5151-ag

3 A077 297 009

4 _______________________________________

5 

6 NAI YU JIANG v. HOLDER, 10-5154-ag

7 A078 745 496

8 _______________________________________

9

10 WANG ZHANG, AKA WANG ZHENG v. HOLDER, 11-443-ag

11 A072 455 620

12 _______________________________________

13

14 CHANG LONG UO, 

15 AKA CHANG-LONG OU v. HOLDER, 11-464-ag

16 A076 505 684

17 _______________________________________

18 

19 WAN PING LIN, YAN QING ZHU v. HOLDER, 11-1638-ag

20 A070 892 381

21 A070 868 369

22 _______________________________________

23

24 QING YOU CHEN v. HOLDER, 11-1961-ag

25 A073 173 328

26 _______________________________________

27

28 UPON DUE CONSIDERATION of these petitions for review of

29 Board of Immigration Appeals (“BIA”) decisions, it is hereby

30 ORDERED, ADJUDGED, AND DECREED, that the petitions for

31 review are DENIED. 

32 Each of these petitions challenges a decision of the

33 BIA denying a motion to reopen. The applicable standards of

34 review are well-established. See Jian Hui Shao v. Mukasey,

35 546 F.3d 138, 157-58, 168-69 (2d Cir. 2008). 
02272012-11-20 3

1 Petitioners, all natives and citizens of China, filed

2 motions to reopen based on their claims that they fear

3 persecution because they have had one or more children in

4 violation of China’s population control program. For

5 largely the same reasons as this Court set forth in Jian Hui

6 Shao, 546 F.3d 138, we find no error in the BIA’s decisions. 

7 See id. at 158-72. 

8 Although the BIA may err in rejecting family planning

9 notices, such as those submitted in some of these cases,

10 solely based on a failure to authenticate pursuant to

11 8 C.F.R. § 1287.6, see Cao He Lin v. U.S. Dep’t of Justice,

12 428 F.3d 391, 403 (2d Cir. 2005), it does not abuse its

13 discretion in according diminished weight to notices that

14 have not been authenticated by any means, see Xiao Ji Chen

15 v. U.S. Dep’t of Justice, 471 F.3d 315, 341-42 (2d Cir.

16 2006). Regardless, remand to the BIA for consideration of

17 the family planning notices would be futile because the

18 notices merely referenced the family planning policy’s

19 mandatory sterilization requirement without any indication

20 that such sterilizations are performed by force. See Shunfu

21 Li v. Mukasey, 529 F.3d 141, 150 (2d Cir. 2008) (finding

22 that remand is futile when the Court can confidently
02272012-11-20 4

1 “predict that the agency would reach the same decision

2 absent the errors that were made” (internal quotation marks

3 and citations omitted)); see also Jian Hui Shao, 546 F.3d at

4 165, 172. 

5 For the foregoing reasons, these petitions for review

6 are DENIED. As we have completed our review, any stay of

7 removal that the Court previously granted in these petitions

8 is VACATED, and any pending motion for a stay of removal in

9 these petitions is DISMISSED as moot. Any pending request

10 for oral argument in these petitions is DENIED in accordance

11 with Federal Rule of Appellate Procedure 34(a)(2), and

12 Second Circuit Local Rule 34.1(b).

13 FOR THE COURT: 

14 Catherine O’Hagan Wolfe, Clerk

15

16