Rosa Verduzco-Wence v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Rosa Verduzco-Wence v. Eric Holder, Jr., 548 F. App'x 443 (9th Cir. 2013)

Rosa Verduzco-Wence v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Shu Xiong Dong, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

For a second time, Dong argues the BIA should have reopened his case based on changes in China’s country conditions with respect to Falun Gong practitioners and based on the birth of his second child in the United States. The BIA did not abuse its discretion in denying Dong’s motion to reopen as time-barred and number-barred, see 8 C.F.R. § 1003.2(c)(2), where Dong failed to demonstrate he qualified for an exception to the limitations on motions to reopen, see 8 C.F.R. § 1003.2(c)(3); Najmabadi, 597 F.3d at 986 (we “defer to the BIA’s exercise of discretion unless it acted arbitrarily, irrationally, or contrary to law”) (citation omitted).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
SHU XIONG DONG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished