Lin v. Attorney General
Lin v. Attorney General
Opinion of the Court
SUMMARY ORDER
Jian Ming Lin, pro se, petitions for review of the BIA’s March 15, 2005 denial of his motion to reopen his removal proceedings. We assume the parties’ familiarity with the underlying facts and procedural history.
Where, as here, the BIA affirms the IJ’s decision without opinion, this Court reviews the IJ’s decision directly. Twum v. INS, 411 F.3d 54, 58 (2d. Cir. 2005). A denial of a motion to reopen, including a motion to reopen challenging an order of removal entered in absentia, is reviewed for an abuse of discretion. Iavorski v. INS, 232 F.3d 124, 128 (2d Cir. 2000). An abuse of discretion may be found where the BIA’s decision “provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements; that is to say, where the Board has acted in an arbitrary or capricious manner.” Id.; Ke Zhen Zhao v. DOJ, 265 F.3d 83, 93 (2d Cir. 2001) (internal citations omitted).
Here, even assuming that Lin has exhausted all available administrative remedies pursuant to 8 U.S.C. § 1252(d)(1), and even assuming that his complaint, liberally construed, states a claim on which relief could be based, he has failed to demon
For the foregoing reasons, Lin’s petition for review is DENIED. The stay of removal that the Court previously granted in this petition is VACATED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.