Shi Hui Lin v. Holder
Shi Hui Lin v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Shi Hui Lin, a native and citizen of the People’s Republic of China, seeks review of a September 5, 2008 order of the BIA, affirming the September 20, 2007 decision of Immigration Judge (“IJ”) Jeffrey S. Chase, which denied his motion to reopen. In re Shi Hui Lin, No. A029 728 985 (B.I.A. Sept. 5, 2008), aff'g No. A029 728 985 (Immig. Ct. N.Y. City Sept. 20, 2007). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
When the BIA adopts the decision of the IJ and supplements the IJ’s decision, this Court reviews the decision of the IJ as supplemented by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review the agency’s denial of a motion to reopen for abuse of discretion. Mi v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006). Where the agency considers relevant evidence of country conditions in evaluating a motion to reopen, we review the agency’s factual findings under the substantial evidence standard. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir. 2008). We find that the agency did not err in denying Lin’s untimely and number-barred motion to reopen.
Lin argues that the agency erred by relying on its precedential decisions to summarily conclude that he failed to demonstrate either material changed country
Lin also asserts that the agency erred in failing to address whether the U.S. Department of State’s 2006 Country Report on Human Rights Practices and a 1988-2007 fine schedule in the record indicated that he would be subject to excessive fines amounting to persecution. However, neither that report nor the fine schedule indicates that country conditions have materially changed or that such fines would amount to economic persecution for someone in Lin’s economic circumstances. See Guan Shan Liao v. U.S. Dep’t. of Justice, 293 F.3d 61, 70 (2d Cir. 2002).
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).
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