Wen Zhen Wang v. Holder

U.S. Court of Appeals for the Second Circuit
Wen Zhen Wang v. Holder, 581 F. App'x 98 (2d Cir. 2014)

Wen Zhen Wang v. Holder

Opinion

SUMMARY ORDER

Petitioners Wen Zhen Wang and Xiang Chen, natives and citizens of China, seek review of two April 5, 2012, decisions of the BIA, denying their motion to reopen. In re Wen Zhen Wang, No. A073 649 496 (B.I.A. Apr. 5, 2012); In re Xiang Chen, No. A071 041 368 (B.I.A. Apr. 5, 2012). We assume the parties’ familiarity with the underlying facts and procedural history of these cases.

The applicable standards of review are well established. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 168-69 (2d Cir. 2008). Petitioners filed a motion to reopen based on their claim that they fear forced sterilization and economic persecution because they have had more than one child in the United States, which they contend violates China’s population control program. We find no error in the BIA’s determination that petitioners failed to demonstrate their prima facie eligibility for asylum or related relief. See id. at 158-72.

As the BIA noted, petitioners can avoid the social compensation fees assessed to violators of the family planning policy by declining to register their U.S. citizen children as residents. See id. at 171. We are sympathetic to the serious medical conditions suffered by two of petitioners’ children. Nevertheless, the BIA did not err in finding that petitioners would not be forced to register their children in order to receive free public health care to treat their medical conditions. Petitioners’ evidence indicated that the Chinese government does not actually provide free health care to a majority of registered residents, and that, even without registering their children, petitioners would have access to health care similar to that available to registered residents.

For the foregoing reasons, the petitions for review are DENIED. As we have *99 completed our review, any pending request for oral argument in these petitions is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34.1(b).

Reference

Full Case Name
WEN ZHEN WANG, Xiang Chen, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent
Status
Unpublished