Hong Ching Shi v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Hong Ching Shi, a native and citizen of the People’s Republic of China, seeks review of a February 4, 2008 order of the BIA denying his motion to reopen. In re Hong Ching Shi, No. A077 322 529 (B.I.A. Feb. 4, 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 Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir. 2008). We find that the BIA did not err in denying Shi’s untimely motion to reopen or in finding him ineligible to file a successive asylum application.
Shi argues that the BIA failed to consider evidence that he submitted to establish changed country conditions regarding the heightened enforcement of the family-planning policy in Fujian Province. His argument as unavailing as the BIA acknowledged the evidence that Shi submitted and
In addition, Shi failed to exhaust before the BIA his argument that he was entitled to file a successive asylum application based on changed personal circumstances. See Lin Zhong v. U.S. Dep’t of Justice, 480 F.3d 104, 121-22, 124 (2d Cir. 2007). In any event, this argument is foreclosed by our decision in Yuen Jin v. Mukasey, 538 F.3d 143 (2d Cir. 2008).
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).
Reference
- Full Case Name
- HONG CHING SHI, a.k.a. Hong Ching, a.k.a. H. Neo v. Eric H. HOLDER, Jr., United States Attorney General
- Status
- Published