Hui Lin Huang v. Holder

Hui Lin Huang and her husband (plaintiffs), Chinese nationals who had children in the United States, sought asylum; an immigration judge found that if they returned to China, they would probably be fined and Huang sterilized for violating China's one-child policy, that these penalties amounted to persecution, and that their fear of persecution was credible, granting asylum. The Board of Immigration Appeals, headed by Attorney General Holder (defendant), reviewed the judge's probability finding de novo (treating it as a prediction rather than a fact) and reversed, denying asylum; the couple appealed to the Second Circuit.