Li Lin v. Holder
Li Lin v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Li Lin, a native and citizen of the People’s Republic of China, seeks review of an October 10, 2008 order of the BIA, affirming the August 23, 2007 decision of Immigration Judge (“IJ”) Javier Balasquide, which denied his motion to reopen. In re Li Lin, No. A029 808 230 (B.I.A. Oct. 10, 2008), aff'g No. A029 808 230 (Immig. Ct. N.Y. City Aug. 23, 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 288, 271 (2d Cir. 2005). We review the agency’s denial of a motion to reopen for abuse of discretion. Ali 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 motion to reopen.
Lin asserts that the agency erred in failing to address whether the U.S. Department of State’s 2006 country report indicated that he would be subject to excessive fines amounting to persecution. However, that report does not indicate that the fines constitute changed country conditions or that they 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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