U.S. Court of Appeals for the Eighth Circuit, 2009

Xi Dan Tang v. Eric H. Holder, Jr.

Xi Dan Tang v. Eric H. Holder, Jr.
U.S. Court of Appeals for the Eighth Circuit · Decided December 18, 2009 · Murphy, Colloton, Shepherd
356 F. App'x 910

Xi Dan Tang v. Eric H. Holder, Jr.

Opinion

PER CURIAM.

Xi Dan Tang petitions for review of an order of the Board of Immigration Appeals (BIA) denying her December 2007 motion to reopen. After careful review, we conclude the BIA acted within its discretion both in denying the motion to reopen as untimely because it was filed more than 90 days after the BIA’s November 2002 final order, and in refusing to waive the time limitation because Tang failed to show *911 changed country conditions since her 2001 removal hearing. See 8 U.S.C. § 1229a(c)(7)(C)(i), (ii); Li Yun Lin v. Mukasey, 526 F.3d 1164, 1165-66 (8th Cir. 2008); Zheng v. Mukasey, 509 F.3d 869, 871-72 (8th Cir. 2007). Accordingly, we deny the petition.

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