Hui Ming Zhang v. Filip
Hui Ming Zhang v. Filip
Opinion of the Court
SUMMARY ORDER
Hui Ming Zhang, a native and citizen of the People’s Republic of China, seeks review of a July 12, 2006 order of the BIA affirming the January 3, 2006 order of the Immigration Judge (“IJ”) denying her motion to reopen deportation proceedings. In re Hui Ming Chen, No. A72 381 543 (B.I.A. Feb. 3, 2006), aff'g No. A72 381 543 (Immig. Ct. N.Y. City Jan. 3, 2006). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
When, as here, the BIA issues an opinion that fully adopts the IJ’s decision, this Court reviews the IJ’s decision directly. See, e.g., Chun Gao v. Gonzales, 424 F.3d 122, 124 (2d Cir. 2005). We review the BIA’s denial of a motion to reopen for abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006).
The Immigration and Nationality Act (“INA”) and its implementing regulations provide that an individual must file a motion to reopen within ninety days of the issuance of a final administrative order of removal. See 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2(c)(2). This limitation, however, does not apply when the motion to reopen is filed in order to apply for asylum or withholding of removal based on changed circumstances arising in her country of nationality, if the evidence submitted is material and was unavailable and undis-coverable at the time of her hearing before the IJ. See 8 U.S.C. § 1229a (c)(7)(C)(n); 8 C.F.R. § 1003.2(c)(3)(h). Here, it is undisputed that Zhang’s motion to reopen was untimely, as it was filed more than ten years after the IJ’s order granting Zhang voluntary departure.
Zhang argues that the ninety-day filing deadline for motions to reopen is not applicable to her motion. She asserts that the INA authorizes the filing of successive asylum applications, despite their untimeliness, “based upon ‘the existence of changed circumstances which materially affect the applicant’s eligibility for asylum,’ ” including “activities the applicant becomes involved in outside the country of feared persecution that place the applicant at risk.” 8 U.S.C. § 1158(a)(2)(D) and 8 C.F.R. § 208.4(a)(4)(i)(B). She asserts that the birth of her children in the United States constitute such changed circumstances. She contends that she was not
For the foregoing reasons, the petition for review is DENIED. Having completed our review, we DISMISS the petitioner’s pending motion for a stay of removal as moot.
Reference
- Full Case Name
- HUI MING ZHANG v. Mark FILIP, Acting Attorney General of the United States
- Status
- Published