U.S. Court of Appeals for the Ninth Circuit, 2011

Yimei Weng v. Holder

Yimei Weng v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided April 11, 2011 · Fletcher, Clifton, Bea
426 F. App'x 519

Yimei Weng v. Holder

Opinion

MEMORANDUM **

Yimei Weng, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Lin v. *520 Holder, 588 F.3d 981, 984 (9th Cir. 2009), and we deny the petition for review.

The BIA did not abuse its discretion by denying Weng’s second motion to reopen as untimely and numerically barred, where the motion was filed nearly eleven years after the immigration judge’s December 6, 1996, order denying her first motion to reopen, see 8 C.F.R. § 1003.2(c)(2), and Weng failed to show changed circumstances in China in order to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2(c)(3)(h); Lin, 588 F.3d at 988-89 (record did not show material change in enforcement of family planning laws sufficient to establish changed country conditions and excuse an untimely motion to reopen).

Weng’s contention that on December 13, 1994, she was improperly ordered removed in absentia is belied by the record.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.