An-Di Pan v. Jefferson Sessions
An-Di Pan v. Jefferson Sessions
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AN-DI PAN, No. 15-73192 Petitioner, Agency No. A072-337-286 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2018** San Francisco, California Before: WALLACE and BERZON, Circuit Judges, and MUELLER,*** District Judge.
Pan petitions for review of the Board of Immigration Appeals’ denial of his motion to reopen deportation proceedings. We review for an abuse of discretion,
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Kimberly J. Mueller, United States District Judge for the Eastern District of California, sitting by designation.
He v. Gonzales, 501 F.3d 1128, 1130 (9th Cir. 2007), and deny the petition. Pan failed to show an increase in the enforcement of China’s sterilization or other population control policies since his final order of deportation in 1994. Feng Gui Lin v. Holder, 588 F.3d 981, 988-89 (9th Cir. 2009). At most, the evidence Pan submitted shows a continuation of existing policies. Because Pan has provided insufficient support to excuse his untimely motion to reopen, the Board did not abuse its discretion when it denied the motion. He, 501 F.3d at 1133. We do not consider Pan’s asylum claim. Feng Gui Lin, 588 F.3d at 989.
PETITION DENIED.
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