Min Aung v. Holder
Min Aung v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Min Aung, a native and citizen of Burma,
As a preliminary matter, to the extent that Aung challenges the agency’s adverse credibility determination, the denial of his application for asylum, withholding of removal, and CAT relief based on that determination, and the agency’s denial of his two previous motions, those decisions are not properly before us. Aung has timely filed a petition for review only from the BIA’s May 2008 order denying his third motion to reopen. We dismiss the petition for review to the extent that Aung attempts to challenge other agency decisions. 8 U.S.C. § 1252(b)(1); Paul v. Gonzales, 444 F.3d 148, 153 (2d Cir. 2006).
We review the BIA’s denial of a motion to reopen for abuse of discretion, mindful of the Supreme Court’s admonition that such motions are “disfavored.” Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006)
Aung is correct that the record reveals changed country conditions in Burma. Nonetheless, we find no abuse of discretion in the agency’s conclusion that such changes are not material. See 8 C.F.R. § 1003.2(c)(1). As we have held, the BIA may deny a motion to reopen which fails to overcome a prior adverse credibility determination. See Paul, 444 F.3d at 155 n. 5; Kaur v. BIA, 413 F.3d 232, 234 (2d Cir. 2005) (per curiam); see also Qin Wen Zheng v. Gonzales, 500 F.3d 143, 147-48 (2d Cir. 2007). As Aung was found not credible in the underlying proceedings, the BIA was under no obligation to credit the assertions he made in his motion. Moreover, with respect to Aung’s purported political involvement in the United States, it is well-settled that a change in personal circumstances is not evidence of changed country conditions. See Wei Guang Wang v. BIA, 437 F.3d 270, 273-274 (2d Cir. 2006); Li Yong Zheng v. U.S. Dep’t of Justice, 416 F.3d 129, 130-31 (2d Cir. 2005). Thus, we find no abuse of discretion in the BIA’s denial of Aung’s motion to reopen. See 8 C.F.R. § 1003.2(c); Kaur, 413 F.3d at 234; Wei Guang Wang, 437 F.3d at 275.
For the foregoing reasons, the petition for review is DENIED, in part, and DISMISSED, in part. As we have completed our review, the pending request for oral argument in this petition is DENIED.
. In 1989, the military regime in control of Burma declared the country would henceforth be known as “Myanmar.” However, both Aung and the agency refer to the countiy as “Burma," and, according to the CIA's World Factbook, the name “Myanmar” “was not approved by any sitting legislature in Burma, and the U.S. Government did not adopt the name.” CIA, The World Factbook-Burma, https://www.cia.gov/library/publications/ the-world-factbook/geos/bm.html. Accordingly, we refer to Aung's native country as “Burma” rather than "Myanmar.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.