Yong Di Chen v. U.S. Immigration & Customs Enforcement
Yong Di Chen v. U.S. Immigration & Customs Enforcement
Opinion of the Court
SUMMARY ORDER
Petitioner Yong Di Chen, a citizen of China, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen his removal proceedings and finding him ineligible for discretionary relief based on his August 1996 conviction for alien smuggling. File No. A29-792-193. Familiarity with the record below and issues on appeal is presumed.
This Court reviews the BIA’s denial of a motion to reopen for abuse of discretion. See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir. 2005)(per curiam); Khouzam v. Ashcroft, 361 F.3d 161, 165 (2d Cir. 2004). 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.” Kaur, 413 F.3d at 233-34.
Principally Chen challenges the BIA’s conclusion that no basis exists for reopen
We have considered all of Chen’s claims on appeal and find them without merit. For the foregoing reasons, the petition for review is DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.