Li Fang Liu v. Mukasey
Li Fang Liu v. Mukasey
Opinion of the Court
SUMMARY ORDER
Li Fang Liu, a native and citizen of the People’s Republic of China, seeks review of a February 19, 2008 order of the BIA dismissing her appeal of an Immigration Judge’s (“IJ”) March 21, 2007 denial of her motion to reopen her removal proceedings. In re Li Fang Liu, No. A79 424 563 (B.I.A. Feb. 19, 2008), dismissing No. A79 424 563 (Immig. Ct. N.Y. City Mar. 21, 2007). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We ordinarily review the agency’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). Here, however, we lack jurisdiction to consider Liu’s petition for review because she failed to exhaust her administrative remedies, as she failed to file a timely appeal of the IJ’s denial of her motion to reopen before the BIA.
For the foregoing reasons, the petition for review is DISMISSED. 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. 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(b).
The regulations provide that a notice of appeal of an IJ’s decision must generally be filed with the BIA within 30 days of the IJ's decision, and that the date the BIA received the
Reference
- Full Case Name
- LI FANG LIU v. Michael B. MUKASEY, Attorney General of the United States
- Cited By
- 3 cases
- Status
- Published