Lin Li v. Gonzales
Lin Li v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Lin Li, a native and citizen of the People’s Republic of China, seeks review of a January 18, 2007 order of the BIA denying his motion to reopen removal proceedings. In re Lin Li, No. A 95 844 148 (B.I.A. Jan. 18, 2007). We assume the parties’ familiarity with the underlying facts and procedural history of this case.
When the agency denies a motion to reopen, this Court reviews its decision for an abuse of discretion. Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005). The BIA abuses its discretion if its 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.” Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83, 93 (2d Cir. 2001) (internal citations omitted).
Here, the BIA did not abuse its discretion in dismissing Li’s motion to reopen. The BIA correctly noted that its prior decision had been issued in August 2004, and that Li did not submit his motion until October 2006, well beyond the ninety day deadline. 8 C.F.R. § 1003.2(c)(2). The BIA did not abuse its discretion by deciding that Li’s case did not warrant equitable tolling based on ineffective assistance of counsel because even if Li had substantially complied with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), his argument that he demonstrated prejudice is unavailing. See Yang v. Gonzales, 478 F.3d 133, 142 (2d Cir. 2007) (citing Esposito v. INS, 987 F.2d 108, 111 (2d Cir. 1993)). While the IJ, in
For the foregoing reasons, the petition for review is DENIED. Having completed our review, the pending motion for a stay of removal in this petition is DISMISSED as moot.
Reference
- Full Case Name
- LIN LI v. Alberto GONZALES, Attorney General
- Status
- Published