Shun Ting Ke v. Holder

U.S. Court of Appeals for the Second Circuit
Shun Ting Ke v. Holder, 390 F. App'x 53 (2d Cir. 2010)

Shun Ting Ke v. Holder

Opinion

SUMMARY ORDER

Each of these petitions challenges a decision of the BIA denying a motion to reopen based on either the movant’s failure to demonstrate changed country conditions sufficient to avoid the time and numerical limits applicable to such motions or the movant’s failure to demonstrate pri-ma facie eligibility for the underlying relief sought. See 8 C.F.R. § 1003.2(c). We review the denial of a motion to reopen for abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006).

Petitioners, all natives and citizens of China, filed motions to reopen based on their claim that they fear persecution because they had one or more children in the United States. 2 For largely the same reasons this Court set forth in Jian Hui Shao v. Mukasey, 546 F.3d 138, 168-72 (2d Cir. 2008), we find no error in the BIA’s decisions. To the extent that some of the petitioners argue that they were eligible to file successive asylum applications based solely on their changed personal circumstances, such arguments are foreclosed by our decision in Yuen Jin v. Mukasey, 538 F.3d 143, 156, 158-59 (2d Cir. 2008). 3

For the foregoing reasons, these petitions for review are DENIED. As we *55 have completed our review, any stay of removal that the Court previously granted in these petitions is VACATED, and any pending motion for a stay of removal in these petitions is DISMISSED as moot. Any pending request for oral argument in these petitions is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34.1(b).

2

. To the extent that Petitioner in 08-0705-ag also challenges the IJ’s underlying decision denying his application for asylum, withholding of removal, and CAT relief, we lack jurisdiction to review those arguments. See 8 U.S.C. § 1252(b)(1); Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83, 93 (2d Cir. 2001).

3

. Contrary to the arguments asserted by petitioners in Docket Numbers 07-5078-ag(L), 09-0927-ag(Con), 08-0248-ag, 09-0024-ag(L), 09-2570-ag(Con), 09-0652-ag, 09-0762-ag, 09-1066-ag, and 09-4611-ag, we find no error in the BIA's refusal to credit petitioners' unauthenticated evidence in light of the agency’s prior adverse credibility determinations. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 146-47 (2d Cir. 2007). Further, although petitioners in Docket Numbers 07-5078-ag (L), 09-0927(Con), 09-0024-ag (L), 09-2570-ag (Con), and 09-1066-ag argue that the BIA erred by relying on U.S. Department of State Country Reports that contained mistranslations, that argument is without merit.

Reference

Full Case Name
SHUN TING KE v. HOLDER, A070 866 801; Gui Hua Zhang v. Holder, A077 658 067; Mei Chen Chen v. BCIS, A077 977 892; Fang Dong, Jin Hua Zheng v. Holder, A073 044 947, A029 794 284; Sen Ye, Teng Yi Chen v. Holder, A078 217 878, A076 498 660; Zeng He Weng v. Holder, A073 560 845; Zhi Lin v. Holder, A070 903 711; Jian Kong Ni v. Holder, A076 506 544; Meiqian Gao, AKA Mei Qin Gao v. Holder, A078 471 773; Xiao Chon Hu, Yue Zhen Ye v. Holder, A072 475 139, A072 475 140; Xiuzhen Lin, AKA Ziu Zhen Lin, AKA Xiu Zhen Lin v. Holder, A076 111 864; Xiao Le Wang AKA Xioale Wang v. Holder, A073 657 562; Fang Guo Zeng, Xinzhen Zheng v. Holder, A074 588 464, A097 149 843; Qiu Qin Zou v. Holder, A070 893 811. Xiu Feng Zheng v. Holder, A078 015 622; Xai Mei Liu v. Holder, A077 050 836; Yan Qing Tang v. Holder, A072 183 173; Jing Guo Chen, AKA Jin Guo Chen v. Holder, A072 094 147; Xiang Qing Lin, AKA Peter Yi Chin Lin, AKA Xiangqin Lin v. Holder, A077 997 813
Status
Unpublished