Zu Yong Li v. Holder
Opinion of the Court
SUMMARY ORDER
Zu Yong Li, a native and citizen of the People’s Republic of China, seeks review of an October 3, 2011, decision of the BIA: (1) affirming a May 24, 2010, decision of Immigration Judge (“IJ”) Patricia A. Ro-han denying his motion to reopen; and (2) denying his motion to reopen and remand filed on appeal. In re Zu Yong Li, No. A073 172 610 (B.I.A. Oct. 3, 2011), aff'g No. A073 172 610 (Immig. Ct. N.Y. City May 24, 2010). We assume the parties’ familiarity with the underlying facts and procedural history of this case.
Under the circumstances of this case, we have reviewed both the IJ’s and the BIA’s opinions. See Zaman v. Mukasey, 514 F.3d 233, 237 (2d Cir. 2008); see also Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). The applicable standards of review are well-established. See Jian Hui Shao v. Mukasey, 546 F.3d 138,168-69 (2d Cir. 2008). We note that, contrary to the government’s contention, Li challenges in his brief both the BIA’s dismissal of his appeal and the BIA’s denial of his motion filed on appeal.
An alien may file only one motion to reopen, within 90 days of the agency’s final administrative decision. 8 U.S.C. § 1229a(c)(7)(A), (C); 8 C.F.R. § 1003.23(b)(1). Li’s motions to reopen were indisputably untimely because they were filed more than twelve years after the IJ’s order of deportation became final. See 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.23(b)(1).
There is no time limitation for filing a motion to reopen if it is “based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.” However, as the agency concluded, Li failed to
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, Li’s motion for a stay of removal in connection with this petition is DENIED 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). The mandate shall issue forthwith.
Reference
- Full Case Name
- ZU YONG LI v. Eric H. HOLDER, Jr., United States Attorney General
- Status
- Published