Min Liu v. Holder
Min Liu v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Min Liu, a native and citizen of the People’s Republic of China, seeks review of the February 17, 2004 order of the BIA denying her motion to reopen. In re Min Liu, No. A77 052 078 (B.I.A. Feb. 17, 2004). 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 for abuse of discretion. See Azmond Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006). Here, we find that the BIA did not abuse its discretion in denying Liu’s motion to reopen because she failed
The BIA was not required to consider U.S. State Department’s April 1998 Profile of Asylum Claims and Country Conditions when it had been presented to the IJ, and was therefore available at the time of Liu’s January 2002 hearing. See 8 C.F.R. § 1003.2(c)(1). In any event, the passage from the Profile that Liu cites in her brief applies to Wenzhou Province, not her home province of Fujian. Moreover, as the IJ previously noted, the Profile indicated that some areas of Fujian Province allowed a second child if the first child was a girl, as in Liu’s situation. Accordingly, the BIA did not abuse its discretion in determining that Liu failed to establish prima facie eligibility for the requested relief based on the birth of her second U.S. citizen child.
For the foregoing reasons, the petition for review is DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.