Min Lin v. Holder
Min Lin v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Min Lin, a native and citizen of the People’s Republic of China, seeks review of the April 29, 2008 order of the BIA denying her timely motion to reopen. In re Min Lin, No. A98 586 787 (B.I.A. Apr. 29, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of this case.
We review the BIA’s denial of a motion to reopen for abuse of discretion, see Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006), and its subsidiary factual findings for substantial evidence, see Shao v. Mukasey, 546 F.3d 138, 169, 172-73 (2d Cir. 2008).
Lin contends that the BIA failed properly to evaluate or consider her newly proffered evidence of feared future persecution based on her practice of Roman Catholicism.
Finally, Lin argues that the BIA improperly deviated from two of its unpublished decisions. That argument, however, is foreclosed by the principle that “unpublished opinions of the BIA have no prece-dential value,” Ajdin v. Bureau of Citizenship & Immigration Servs., 437 F.3d 261, 264-65 (2d Cir. 2006), and the fact that the BIA’s analysis of evidence relevant to a well-founded-fear claim is typically case-specific, cf. Shao v. Mukasey, 546 F.3d at 156 (according Chevron deference to BIA’s “case-by-case analysis” of claims alleging well-founded fear of forced sterilization).
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. 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).
. In her reopening motion, Lin reasserted as a ground for relief her fear of being forcibly sterilized if returned to China. Because Lin fails to raise any such argument before us, we will not consider it. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1 (2d Cir. 2005) (deeming argument not raised on petition for review abandoned).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.