Yong Ke Chen v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Yong Ke Chen, a native and - citizen of the People’s Republic of China, seeks review of an April 28, 2003 order of the BIA denying his motion to reconsider its November 19, 2002 decision denying his motion to reopen his removal proceedings. In re Yong Ke Chen, No. A 72 487 718 (B.I.A. Apr. 28, 2003). The BIA denied Chen’s motion to reopen, In re Yong Ke Chen, No. A 72 487 718 (B.I.A. Nov. 19, 2002), after it had previously affirmed the August 5, 1998 decision of Immigration Judge (“IJ”) Robert D. Weisel denying Chen’s applications for asylum and withholding of removal. In re Yong Ke Chen, No. A 72 487 718 (B.I.A. Mar. 20, 2002), aff'g No. A 72 487 718 (Immig. Ct. N.Y. City Aug. 5, 1998). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the BIA’s denial of a motion to reopen or reconsider for abuse of discretion. See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir. 2005); Jin Ming Liu v. Gonzales, 439 F.3d 109, 111 (2d Cir. 2006). 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.
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).
Reference
- Full Case Name
- YONG KE CHEN v. Alberto R. GONZALES, Attorney General of the United States
- Status
- Published