Dian En Jiang v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Dian En Jiang, a native and citizen of the People’s Republic of China, seeks review of a May 7, 2008 order of the BIA denying his motion to reopen. In re Dian En Jiang, No. A077 655 757 (B.I.A. May 7, 2008). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
While Jiang argues that the evidence he submitted demonstrates that he will be subject to China’s family planning policy for having two children, the BIA reasonably gave little or no evidentiary weight to Jiang’s documents in light of the adverse credibility determination that was made in his underlying proceedings. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 146-48 (2d Cir. 2007) (holding that the BIA did not abuse its discretion in denying a motion to reopen supported by allegedly unavailable evidence regarding changed country conditions where there had been a previous adverse credibility finding in the underlying asylum hearing); see also Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 342 (2d Cir. 2006) (finding that the weight afforded to the applicant’s evidence in immigration proceedings lies largely within the discretion of the agency).
Because the failure to establish changed country conditions provides a valid basis for denying a motion to reopen, we cannot find that the BIA abused its discretion in denying Jiang’s motion to reopen. See Wei Guang Wang, 437 F.3d at 273; Jian Hui Shao, 546 F.3d at 169.
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
- DIAN EN JIANG, a.k.a. Jiang Dian'En, a.k.a. Dianen Jiang v. Eric H. HOLDER, Jr., U.S. Attorney General
- Status
- Published