Qi Lei Dong v. Mukasey
Qi Lei Dong v. Mukasey
Opinion of the Court
SUMMARY ORDER
Petitioner Qi Lei Dong, a native and citizen of the People’s Republic of China, seeks review of the June 28, 2007 order of the BIA denying his motion to reopen. In re Qi Lei Dong, No. A73 588 889 (B.I.A. June 28, 2007). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
As a preliminary matter, because Dong did not petition for review of the BIA’s December 2002 affirmance without opinion of the IJ’s September 1998 decision, we limit our review to the BIA’s June 2007 decision denying his motion to reopen. See Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83, 89-90 (2d Cir. 2001).
We review 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). 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. at 233-34 (quoting Ke Zhen Zhao, 265 F.3d at 93).
We find that the BIA did not abuse its discretion in holding that Dong failed to show that his motion to reopen qualified for an exception to the time limitation
For the foregoing reasons, the petition for review is DENIED. As we have 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 DISMISSED as moot.
Reference
- Full Case Name
- QI LEI DONG v. Michael B. MUKASEY, Attorney General
- Status
- Published