Huang v. United States Immigration And Naturalization Service

Jian Xing Huang petitions for review of a December 19, 2002 order of the Board of Immigration Appeals ("BIA") that denied his application for asylum and withholding of removal, and in so doing, reversed the decision of the Immigration Judge ("IJ"). Huang argues that the BIA (i) applied the incorrect standard of review in reversing the IJ, and (ii) erroneously concluded that he had failed to establish a likelihood of future persecution based on his having had two children in this country, in violation of Chinas family planning policy. Because the BIA employed the correct standard of review, and because we agree with the BIA that Huang did not meet his burden, we deny the petition.