Qin Hui Chen v. Holder
Qin Hui Chen v. Holder
Opinion of the Court
ORDER
Qin Hui Chen, a citizen of China, petitions for review of an order by the Board of Immigration Appeals denying her motion to reopen her removal proceeding. Because this court lacks jurisdiction to review discretionary decisions by the Board, see Kucana v. Mukasey, 533 F.3d 534 (7th Cir. 2008), we dismiss the petition for lack of jurisdiction.
Chen arrived at Chicago’s O’Hare International Airport in December 2000 without
Motions to reopen are generally committed to the discretion of the Board. See 8 C.F.R. § 1003.2(a). We lack jurisdiction to review the Board’s denial of a motion to reopen removal proceedings unless the petitioner presents a constitutional issue or a question of law. Huang v. Mukasey, 534 F.3d 618, 620 (7th Cir. 2008); Kucana, 533 F.3d at 538. A question of law arises when the Board has misinterpreted a statute, regulation, or constitutional provision, misread its own precedent, applied the wrong legal standard, or failed to exercise its discretion. Jezierski v. Mukasey, 543 F.3d 886, 888 (7th Cir. 2008); Huang, 534 F.3d at 620.
In her petition, Chen argues only the merits of her original asylum application. She presents no legal question about the Board’s refusal to reopen her proceeding — a decision grounded in factual findings that Chen’s motion was both untimely and number-barred under 8 C.F.R. § 1003.2(c)(2). Those are each factual determinations that we may not review. See Johnson v. Mukasey, 546 F.3d 403, 404-05 (7th Cir. 2008); Sharashidze, 542 F.3d at 1179; Huang, 534 F.3d at 622-23. To the extent that Chen also asks us to review other aspects of her earlier proceedings, those too are unreviewable because her petition is untimely as to the earlier agency decisions. See 8 U.S.C. § 1252(b)(1); Sharashidze, 542 F.3d at 1178-79; Asere v. Gonzales, 439 F.3d 378, 380 (7th Cir. 2006).
For these reasons, the petition for review is DISMISSED.
Reference
- Full Case Name
- QIN HUI CHEN v. Eric H. HOLDER, Jr., Attorney General of the United States
- Status
- Published