Mei Xia Wang v. Board of Immigration Appeals
Mei Xia Wang v. Board of Immigration Appeals
Opinion of the Court
SUMMARY ORDER
Mei Xia Wang petitions for review of the September 2005 decision of the BIA affirming Immigration Judge (“IJ”) Jeffrey Chase’s denial of her motion to reopen exclusion proceedings. We assume the parties’ familiarity with the facts and procedural history of this case.
In this case, the IJ provided rational explanations for denying Wang’s motion; reasoning that the new family planning law that China enacted in September 2002 did not constitute a sufficient change in conditions to warrant reopening. See Wei Guang Wang v. BIA 437 F.3d 270, 275-76 (2d Cir. 2006). Furthermore, Wang failed to exercise due diligence by pursuing her claims at such a late date. The IJ provided a clear and rational explanation for denying Wang’s motion to reopen, and neither his decision or the BIA’s affirmance of that decision was an abuse of discretion.
For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.