Kan Yun Lin v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Kan Yun Lin, a native and citizen of the People’s Republic of China, seeks review of an October 5, 2007 order of the BIA denying her motion to reopen. In re Kan Yun Lin, No. A077 913 582 (B.I.A. Oct. 5, 2007). 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). 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).
The BIA did not err in denying Lin’s untimely motion to reopen. See 8 U.S.C. § 1229a(c)(7)(C); see also 8 C.F.R. § 1003.2(c)(2). Lin argues that the BIA erred by finding that she failed to produce evidence demonstrating either material
The BIA’s determination that Lin was not eligible to file a successive asylum application was not in error. See Yuen Jin v. Mukasey, 538 F.3d 143, 156, 158-59 (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
- KAN YUN LIN v. Eric H. HOLDER, Jr., United States Attorney General
- Status
- Published