Jie Rui Lin v. Holder
Jie Rui Lin v. Holder
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED.
Petitioner Jie Rui Lin, a native and citizen of the People’s Republic of China, seeks review of a March 28, 2008 order of the BIA, which denied his motion to reopen. In re Jie Rui Lin, No. A72 780 002 (B.I.A. Mar. 28, 2008). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
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). Where the BIA considers relevant evidence of country conditions in evaluating a motion to reopen, we review the BIA’s factual findings under the substantial evidence standard. See Jian Rui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir. 2008). We find that the BIA did not err in denying Lin’s untimely motion to reopen.
Lin argues that the BIA erred by finding that he failed to demonstrate material
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):
Case-law data current through December 31, 2025. Source: CourtListener bulk data.