Qiu Xia Li v. Holder
Opinion
SUMMARY ORDER
Each of these petitions challenges a decision of an immigration judge (“IJ”) or the BIA denying a motion to reopen based on either the movant’s failure to demonstrate changed country conditions suffi *677 cient to avoid the applicable time and numerical limits or the movant’s failure to demonstrate prima fade eligibility for the underlying relief sought. See 8 C.F.R. §§ 1008.2(c), 1003.23(b). 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 have one or more children in violation of China’s population control program. For largely the same reasons as 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.
Some of the petitioners 2 argue that they were eligible to file a successive asylum application based solely on their changed personal circumstances. That argument is foreclosed by our decision in Yuen Jin v. Mukasey, 538 F.3d 143, 156, 158-59 (2d Cir. 2008). Other petitioners 3 challenge the BIA’s refusal to credit their unauthenticated evidence in light of an immigration judge’s underlying adverse credibility determination. Again, applicable precedent is fatal to that argument. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 146-47 (2d Cir. 2007) (relying on the doctrine falsus in uno, falsus in omnibus to conclude that the agency may decline to credit documentary evidence submitted with a motion to reopen by an alien who was found not credible in the underlying proceeding).
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).
. The petitioners in Qiu Xia Li v. Holder, No. 07-4083-ag; Shi Yong Lin, Qing Lin v. Holder, No. 07-5410-ag; Xia Juan Sun v. Holder, No. 08-0901-ag; and Zhihua Ou v. Holder, No. 08-1754-ag.
. The petitioners in At Yue Yang v. Holder, No. 07-43 85-ag; Ling Zhi Li v. Holder, No. 08-2012-ag; Xia Chen v. Holder, No. 08-6156-ag; and Hai Ou Sun v. Holder, No. 09-3564-ag.
Reference
- Full Case Name
- QIU XIA LI v. HOLDER, A077 293 487; Ai Yue Yang v. Holder, A077 121 754; Shi Yong Lin, Qing Lin v. Holder, A073 181 133, A076 120 146; Chun Lin Lu v. Holder, A073 169 271; Fei Xue Cheng v. Holder, A075 841 743; Xia Juan Sun v. Holder, A077 297 075; Shao Cheng He v. Holder, A077 641 801; Yi Xiong Zhou v. Holder, A072 486 769; Yan Qin Chen v. Holder, A077 309 082; Zhihua Ou v. Holder, A074 153 659; Ling Zhi Li v. Holder, A077 293 676; Rui Xin Lin v. Holder, A029 793 718; Guiying Chen v. Holder, A078 848 872; Yao Xiu Zheng v. Holder, A073 638 337; Jian Feng Lin v. Holder, A073 626 247; Bao Hua Wang, AKA Akiko Kurahashi v. Holder, A073 874 040; Xia Chen v. Holder, A070 936 195; Changxu Jiang v. Holder, A078 711 995; Hai Ou Sun Holder, A071 496 801
- Status
- Unpublished