Wenfang Dong v. Holder
Wenfang Dong v. Holder
Opinion of the Court
SUMMARY ORDER
Wenfang Dong, a native and citizen of China, seeks review of a June 27, 2008, BIA decision denying her motion to reopen. In re Wenfang Dong, No. A096 266 139 (B.I.A. June 27, 2008). The applicable standards of review are well-established. See Jian Hui Shao v. Mulcasey, 546 F.3d 138,157-58,168-69 (2d Cir. 2008).
Dong’s motion to reopen was based on her claim that she fears persecution on account of the birth of her second child in the United States in violation of China’s population control program. For largely the same reasons as this Court set forth in Jian Hui Shao, 546 F.3d 138, we find no error in the BIA’s denial of Dong’s motion. See id. at 158-72.
The BIA reasonably determined that Dong failed to submit any evidence to support her assertion that she would likely be sterilized or otherwise persecuted based on her prior intrauterine device (“IUD”) procedure. See INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99
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 34.1(b).
Reference
- Full Case Name
- WENFANG DONG, Eric H. HOLDER, JR., United States Attorney General
- Status
- Published