Ying Zheng v. Bia

U.S. Court of Appeals for the Second Circuit
Ying Zheng v. Bia, 390 F. App'x 48 (2d Cir. 2010)

Ying Zheng v. Bia

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. 2 See 8 C.F.R. § 1003.2(c). We review the BIA’s denial of a motion to reopen for abuse of discretion, mindful of the Supreme Court’s admonition that such motions are “disfavored.” Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006) (citing INS v. Doherty, 502 U.S. 314, 322-23, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992)).

Petitioners, all 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. For largely the same reasons as this Court set forth in Jian Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir. 2008), we find no error in the BIA’s decisions. 3 See id. at 168-72. Any arguments that the petitioners are eligible to file a successive asylum application based on changed personal circumstances are foreclosed by our decision in Yuen Jin v. Mukasey, 538 F.3d 143, 156, 158-59 (2d Cir. 2008). We lack jurisdiction to review the BIA’s determination declining to reopen proceedings sua sponte. See Ali, 448 F.3d at 518.

For the foregoing reasons, these petitions for review are DENIED. As we 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

. Although the BIA erred in Yong Jie Yang v. Holder, 07-5434-ag, by requiring petitioner to demonstrate changed country conditions despite the timely filing of his motion to reopen, we decline to remand because the BIA reasonably found, in the alternative, that petitioner failed to demonstrate his prima facie eligibility for relief. See Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 338 (2d Cir. 2006) (holding that remand is not required when "it is clear that the agency would adhere to its prior decision in the absence of error”); see also INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (holding that a movant’s failure to establish his prima facie eligibility for relief is a proper ground on which the agency may deny a motion to reopen).

3

. We also find no error in the BIA’s decision in Jian Jin Shi v. Holder, 08-1411-ag, declining to credit petitioner’s unauthenticated evidence in light of the agency’s adverse credibility determination. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 146-47 (2d Cir. 2007).

Reference

Full Case Name
YING ZHENG v. BIA, A077 023 905; Qui Hang Qui v. Holder, A077 353 466; Hui Jin Chen v. Holder, A078 016 089; Jin-Fang Chen v. Holder, A072 556 694; Yong Jie Yang v. Holder, A070 650 836; Chun Ying Chen v. Holder, A070 909 888, A029 821 928; Xiu Min Wang v. Holder, A076 628 043; Minj Liang v. Holder, A077 341 361; Ai Ling Zhang Holder, A095 918 591; Li Fang Chen Holder, A095 306 350; Ren Xiong Zheng v. Holder, A073 617 998; Su Zhong Chen v. Holder, A073 623 017; Yun Chen v. Holder, A073 776 130; Jin Yun Qiu v. Holder, A098 478 591; Jian Jin Shi v. Holder, A076 515 199; Jin Xiu Zou v. Holder, A078 289 453; Yan Rong Liu v. HOLDER, A079 453 133; Qisung Li v. Holder, A079 101 960; Li Juan Wang Holder, A076 506 562; Guo Ming Ye v. Holder, A097 385 451
Status
Unpublished