Shui Mei Lin v. Holder
Shui Mei Lin v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Shui Mei Lin, a native and citizen of the People’s Republic of China, seeks review of the January 28, 2008 order of the BIA denying her motion to reopen. In re Shui Mei Lin, No. A079 682 314 (B.I.A. Jan. 28, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the 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). When 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 Hui 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.
We find no abuse of discretion in the BIA’s conclusion that the birth of her children and her decision to begin practicing Falun Gong were changes in her personal circumstances that did not exempt her motion from the 90-day filing deadline. See 8 U.S.C. § 1229a(c)(7)(C)(ii); Wei Guang Wang v. BIA, 437 F.3d 270, 274 (2d Cir. 2006) (providing that changed country conditions are required for reopening beyond the 90-day filing deadline; “[a] self-in
Similarly, Lin does not contest the BIA’s finding that she alleged no changed circumstances with respect to China’s treatment of Falun Gong practitioners; indeed, she explicitly argues that requiring her to show such a change was “unreasonable.” See Wei Guang Wang, 437 F.3d at 274.
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.